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Tuesday,

May 17, 2005

Part II

Environmental
Protection Agency
40 CFR Part 63
National Emission Standards for
Hazardous Air Pollutants: Asphalt
Processing and Asphalt Roofing
Manufacturing; Direct Final Rule and
Proposed Rule

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28360 Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Rules and Regulations

ENVIRONMENTAL PROTECTION June 16, 2005, or by July 1, 2005, if a provide it in the body of your comment.
AGENCY public hearing is requested. If EPA If you send an e-mail comment directly
receives such comments, it will publish to EPA without going through
40 CFR Part 63 a timely withdrawal in the Federal EDOCKET or regulations.gov, your e-
[OAR–2002–0035; FRL–7911–6] Register indicating which provisions mail address will be automatically
will become effective and which captured and included as part of the
RIN 2060–AM10 provisions are being withdrawn due to comment that is placed in the public
adverse comment. docket and made available on the
National Emission Standards for
Hazardous Air Pollutants: Asphalt ADDRESSES: Submit your comments, Internet. If you submit an electronic
Processing and Asphalt Roofing identified by Docket ID No. OAR–2002– comment, EPA recommends that you
Manufacturing 0035, by one of the following methods: include your name and other contact
• Federal eRulemaking Portal: http:// information in the body of your
AGENCY: Environmental Protection www.regulations.gov. Follow the on-line comment and with any disk or CD–ROM
Agency (EPA). instructions for submitting comments. you submit. If EPA cannot read your
ACTION: Direct final rule; amendments. • Agency Web site: http:// comment due to technical difficulties
www.epa.gov/edocket. EDOCKET, EPA’s and cannot contact you for clarification,
SUMMARY: The EPA is taking direct final electronic public docket and comment EPA may not be able to consider your
action on amendments to the national system, is EPA’s preferred method for comment. Electronic files should avoid
emission standards for hazardous air receiving comments. Follow the on-line the use of special characters, any form
pollutants (NESHAP) for asphalt instructions for submitting comments. of encryption, and be free of any defects
processing and asphalt roofing • E-mail: a-and-r-docket@epa.gov. or viruses. For additional information
manufacturing, which were issued on • Fax: (202) 566–1741. about EPA’s public docket visit
April 29, 2003 under section 112 of the • Mail: EPA Docket Center, EDOCKET on-line or see the Federal
Clean Air Act (CAA). These Environmental Protection Agency, Register of May 31, 2002 (67 FR 38102).
amendments correct minor errors and Mailcode: 6102T, 1200 Pennsylvania
add a clarifying exemption Avenue, NW., Washington, DC 20460. Docket: All documents in the docket
inadvertently omitted in the final rule. Please include a duplicate copy, if are listed in the EDOCKET index at
We are issuing these amendments as a possible. http://www.epa.gov/edocket. Although
direct final rule, without prior proposal, • Hand Delivery: Air and Radiation listed in the index, some information is
because we view the revisions as Docket, Environmental Protection not publicly available, i.e., CBI or other
noncontroversial and anticipate no Agency, 1301 Constitution Avenue, information whose disclosure is
significant adverse comments. However, NW., Room B–108, Washington, DC restricted by statute. Certain other
in the Proposed Rules section of this 20460. Such deliveries are only material, such as copyrighted material,
Federal Register, we are publishing a accepted during the Docket’s normal is not placed on the Internet and will be
separate document that will serve as the hours of operation, and special publicly available only in hard copy
proposal to amend the national arrangements should be made for form. Publicly available docket
emission standards for asphalt deliveries of boxed information. materials are available either
processing and asphalt roofing We request that a separate copy also electronically in EDOCKET or in hard
manufacturing, if significant adverse be sent to the contact person listed copy at the Air and Radiation Docket,
comments are filed. below (see FOR FURTHER INFORMATION EPA/DC, EPA West, Room B102, 1301
If we receive any adverse comments CONTACT). Constitution Ave., NW., Washington,
on a specific element of the direct final Instructions: Direct your comments to DC. The Public Reading Room is open
rule, we will publish a timely Docket ID No. OAR–2002–0035. EPA’s from 8:30 a.m. to 4:30 p.m., Monday
withdrawal in the Federal Register policy is that all comments received through Friday, excluding legal
informing the public which will be included in the public docket holidays. The telephone number for the
amendments will become effective and without change and may be made Public Reading Room is (202) 566–1744,
which amendments are being available online at http://www.epa.gov/ and the telephone number for the Air
withdrawn due to adverse comment. We edocket, including any personal Docket is (202) 566–1742.
will address all public comments in a information provided, unless the FOR FURTHER INFORMATION CONTACT: Mr.
subsequent final rule based on the comment includes information claimed Rick Colyer, Minerals and Inorganic
proposed rule. Any of the distinct to be Confidential Business Information Chemicals Group, Emission Standards
amendments in the direct final rule for (CBI) or other information whose Division (C504–05), U.S. EPA, Research
which we do not receive adverse disclosure is restricted by statute. Do Triangle Park, North Carolina 27711;
comment will become effective on the not submit information that you telephone number (919) 541–5262;
date set out below. We will not institute consider to be CBI or otherwise facsimile number (919) 541–5600;
a second comment period on the direct protected through EDOCKET, electronic mail address
final rule. Any parties interested in regulations.gov, or e-mail. The EPA colyer.rick@epa.gov.
commenting must do so at this time. EDOCKET and the federal
DATES: The direct final rule will be regulations.gov websites are SUPPLEMENTARY INFORMATION: Regulated
effective on August 15, 2005 without ‘‘anonymous access’’ systems, which Entities. Categories and entities
further notice, unless EPA receives means EPA will not know your identity potentially regulated by this action
significant adverse written comments by or contact information unless you include:

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Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Rules and Regulations 28361

TABLE 1.—REGULATED CATEGORIES AND ENTITIES


NAICS a SIC b
Category
Code Description Code Description

Manufacturing ................................................................. 324122 Asphalt shingle and coating 2952 Asphalt felts and coatings.
materials manufacturing.
Manufacturing ................................................................. 32411 Petroleum refineries ............... 2911 Petroleum refining.
Federal Government ....................................................... Not affected Not affected
State/Local/Tribal Government ....................................... Not affected Not affected
a North American Information Classification System.
b Standard Industrial Classification Code.

This table is not intended to be H. Executive Order 13211: Actions That is, a Group 2 asphalt loading rack
exhaustive, but rather provides a guide Significantly Affect Energy Supply, should have been defined simply as any
for readers regarding entities likely to be Distribution, or Use asphalt loading rack that was not a
regulated by this action. To determine I. National Technology Transfer
Advancement Act Group 1 loading rack in order to make
whether your facility is regulated by this J. Congressional Review Act Group 1 and Group 2 mutually
action, you should examine the exclusive.
applicability criteria in §§ 63.8681 and I. Background
However, an additional wording
63.8682 of the final rule. If you have any The EPA promulgated national
questions regarding the applicability of problem exists with the definitions of
emission standards for hazardous air Group 1 asphalt loading rack and
this action to a particular entity, contact pollutants for asphalt processing and
the person listed in the preceding FOR storage tank. Both definitions in the
asphalt roofing manufacturing on April promulgated rule specify that loading
FURTHER INFORMATION CONTACT section. 29, 2003 (68 FR 22975) (reprinted on
Worldwide Web (WWW). In addition racks or storage tanks that load or store
May 7, 2003 at 68 FR 24562). Today’s asphalt at or greater than a certain
to being available in the docket, action includes amendments to correct
electronic copies of today’s action will temperature or pressure are considered
errors in definitions and equations and
be posted on the Technology Transfer to be Group 1. This creates the
adds language to one other provision
Network’s (TTN) policy and guidance unintended problem of having to
(relating to applicability) so that the rule
information page http://www.epa.gov/ language conforms to the preamble determine both temperature and
ttn/caaa. The TTN provides information discussion to the final rule. We are also pressure of the asphalt being loaded or
and technology exchange in various adding an exemption to applicability to stored to determine whether the tank or
areas of air pollution control. another rule inadvertently omitted from loading rack is Group 1 or Group 2. As
Judicial Review. Under section stated in the preamble to the final rule
the final rule.
307(b)(1) of the CAA, judicial review of (68 FR 23471, May 7, 2003), because of
the direct final rule is available only on A. Technical Corrections the testing problems associated with
the filing of a petition for review in the The promulgated rule contains determining vapor pressure, we specify
U.S. Court of Appeals for the District of definitions for Group 1 and Group 2 in the final rule that owners or operators
Columbia Circuit by July 18, 2005. asphalt loading racks and asphalt could monitor temperature ‘‘* * *
Under section 307(d)(7)(B) of the CAA, storage tanks. A Group 1 loading rack instead of requiring facilities to
only an objection to the direct final rule currently is defined as one that loads physically measure asphalt vapor
that was raised with reasonable asphalt with a maximum temperature of
specificity during the period for public pressure.’’ To achieve the intended
260 °C (500 °F) or greater or with a consequence of measuring temperature
comment can be raised during judicial maximum true vapor pressure of 10.4
review. Moreover, under section instead of vapor pressure of the asphalt,
kiloPascals (kPa)(1.5 pounds per square the wording in the Group 1 definitions
307(b)(2) of the CAA, the requirements inch absolute (psia)) or greater.
that are subject to today’s action may should have been that both the
Similarly, a Group 1 asphalt storage temperature and vapor pressure criteria
not be challenged later in civil or tank currently is defined as one that
criminal proceedings brought by EPA to must be met before the loading rack or
stores asphalt with a maximum storage tank can be designated as a
enforce these requirements. temperature of 260 °C (500 °F) or greater
Outline. The information presented in Group 1 emission point, so that if either
or with a maximum true vapor pressure
this preamble is organized as follows: the temperature or vapor pressure did
of 10.4 kPa (1.5 pounds psia) or greater.
I. Background not exceed the maximum value, the
Furthermore, in the final rule, we define
A. Technical Corrections a Group 2 asphalt loading rack as one emission point would not be a Group 1
B. Nonapplicability Clarification point. Thus, the owner or operator
II. Statutory and Executive Order Reviews
that loads asphalt with a maximum
temperature less than 260 °C (500 °F) or could use temperature alone to
A. Executive Order 12866: Regulatory determine if an emission point was not
Planning and Review with a maximum true vapor pressure
B. Paperwork Reduction Act less than 10.4 kPa (1.5 psia). However, considered Group 1, as stated in the
C. Regulatory Flexibility Act because the Group 2 definition also preamble. Accordingly, we are revising
D. Unfunded Mandates Reform Act contains an ‘‘or,’’ it creates the situation the definitions for the Group 1 asphalt
E. Executive Order 13132: Federalism where a loading rack could fit both storage tanks and loading racks as those
F. Executive Order 13175: Consultation that load/store asphalt with a maximum
definitions. A Group 2 asphalt storage
and Coordination With Indian Tribal
Governments tank is defined in the promulgated rule temperature of 260 °C (500 °F) or greater
G. Executive Order 13045: Protection of as any tank that is not a Group 1 tank. and with a maximum true vapor
Children From Environmental Health The Group 2 asphalt loading rack pressure of 10.4 kPa (1.5 pounds psia)
and Safety Risks should have had parallel language; that or greater.

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Table 2 provides a decision matrix for Asphalt Processing and Asphalt Roofing Pennsylvania Avenue, NW., Washington
determining Group 1 and Group 2 Manufacturing-Background Information DC 20460, by email at
storage tanks and loading racks. Document for Promulgated Standards, auby.susan@epa.gov, or by calling (202)
EPA–453/R–03–005, section 2.11.1), we 566–1672. A copy may also be
TABLE 2.—DECISION MATRIX FOR DE- stated that we were going to clarify downloaded from the Internet at
TERMINING STORAGE TANK AND explicitly that blowing still emissions http://www.epa.gov/icr.
LOADING RACK GROUP are not subject to the fuel gas Today’s action makes clarifying
requirements of subpart J. However, we changes to the final rule and imposes no
VP < VP ≥ failed to add that provision to the final new information collection
10.4 kPa 10.4 kPa rule. Today’s amendments correct that requirements on the industry. Because
inadvertent omission. there is no additional burden on the
Temp < 260 °C ........ Group 2 Group 2. industry as a result of the direct final
Temp ≥ 260 °C ......... Group 2 Group 1. II. Statutory and Executive Order rule amendments, the ICR has not been
Reviews revised.
We are also revising the wording of Burden means the total time, effort, or
the definition of Group 2 asphalt A. Executive Order 12866: Regulatory
Planning and Review financial resources expended by persons
loading racks to parallel that of Group to generate, maintain, retain, or disclose
2 asphalt storage tanks. These changes Under Executive Order 12866 (58 FR or provide information to or for a
should have no effect other than to ease 51735, October 4, 1993), the EPA must Federal agency. This includes the time
the measurement burden for owners and determine whether the regulatory action needed to review instructions; develop,
operators. is ‘‘significant’’ and, therefore, subject to acquire, install, and utilize technology
We are also making a correction to the review by the Office of Management and and systems for the purpose of
unit conversion constant, K, in Equation Budget (OMB) and the requirements of collecting, validating, and verifying
4. The promulgated rule establishes K as the Executive Order. The Executive information, processing and
3.00E–05 (parts per million volume Order defines a ‘‘significant regulatory maintaining information, and disclosing
(ppmv)) ¥1 (gram-mole/standard cubic action’’ as one that is likely to result in and providing information; adjust the
meter) (kilogram/gram) (minutes/hour). a rule that may: existing ways to comply with any
We have since determined that this is (1) Have an annual effect on the previously applicable instructions and
incorrect, both in value and in units. economy of $100 million or more or requirements; train personnel to
The correct value and units for K should adversely affect in a material way the respond to a collection of information;
be 1.10E–04 (ppmv) ¥1 (kilogram/ economy, a sector of the economy, search data sources; complete and
standard cubic meter) (minutes/hour). productivity, competition, jobs, the review the collection of information;
We are correcting a cite in footnote environment, public health or safety, or and transmit or otherwise disclose the
‘‘a’’ to table 5 to subpart LLLLL. The last State, local, or tribal governments or information.
sentence of footnote ‘‘a’’ references the communities; An Agency may not conduct or
data reduction requirements in (2) Create a serious inconsistency or sponsor, and a person is not required to
‘‘§ 63.9(g).’’ The reference should be otherwise interfere with an action taken respond to, a collection of information
‘‘§ 63.8(g), Reduction of monitoring or planned by another agency; unless it displays a currently valid OMB
data.’’ (3) Materially alter the budgetary control number. The OMB control
Finally, we removed English units impact of entitlement, grants, user fees, number for EPA’s regulations in 40 CFR
from several equations that were based or loan programs or the rights and part 63 are listed in 40 CFR part 9.
on metric units. obligations of recipients thereof; or
(4) Raise novel legal or policy issues C. Regulatory Flexibility Act
B. Nonapplicability Clarification
arising out of legal mandates, the The Regulatory Flexibility Act (RFA)
Several commenters on the proposed President’s priorities, or the principles generally requires an agency to prepare
rule (66 FR 58610, November 21, 2001) set forth in the Executive Order. a regulatory flexibility analysis of any
wanted to ensure that emissions from Pursuant to the terms of Executive rule subject to notice and comment
the blowing still combusted in a thermal Order 12866, it has been determined rulemaking requirements under the
oxidizer would not be considered a fuel that the direct final amendments do not Administrative Procedure Act or any
gas and become potentially subject to constitute a ‘‘significant regulatory other statute unless the agency certifies
the sulfur requirements of 40 CFR part action’’ because they do not meet any of that the rule will not have a significant
60, subpart J, Standards of Performance the above criteria. Consequently, this economic impact on a substantial
for Petroleum Refineries. Asphalt can action was not submitted to OMB for number of small entities. Small entities
contain some amounts of sulfur. Subpart review under Executive Order 12866. include small businesses, small
J contains provisions that limit sulfur organizations, and small governmental
oxide emissions from the combustion of B. Paperwork Reduction Act
jurisdictions.
fuel gases at a refinery. We agree with The information collection For purposes of assessing the impacts
the commenters that the addition of a requirements in the final rule (68 FR of today’s direct final rule amendments
combustion device to control blowing 22975, April 29, 2003) were submitted on small entities, a small entity is
still emissions as required by the to and approved by OMB under the defined as: (1) A small business that is
asphalt rule should not trigger the Paperwork Reduction Act, 44 U.S.C. primarily engaged in the processing of
requirements of another rule. We also 3501 et seq. and assigned OMB control asphalt or the manufacture of asphalt
note that while asphalt blowing can number 2060–0520. An Information roofing materials according to Small
occur at a refinery, it is not considered Collection Request (ICR) document was Business Administration (SBA) size
a refinery process subject to subpart J. prepared by EPA (ICR No. 2029.02) and standards by NAICS code (in this case,
In our background information a copy may be obtained from Susan less than 750 employees for affected
document responding to comments on Auby by mail at Office of Environmental businesses classified in NAICS code
the proposed rule (National Emission Information Collection Strategies 324122, Asphalt Shingles and Coating
Standards for Hazardous Air Pollutants: Division (MD–2822T), 1200 Materials Manufacturing and less than

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1,500 employees for businesses in effective, or least-burdensome the States, or on the distribution of
NAICS code 32411, Petroleum alternative that achieves the objectives power and responsibilities among the
Refineries); (2) a small governmental of the rule. The provisions of section various levels of government, as
jurisdiction that is a government of a 205 do not apply when they are specified in Executive Order 13132.
city, county, town, school district or inconsistent with applicable law. None of the affected facilities are owned
special district with a population of less Moreover, section 205 allows the EPA to or operated by State governments. Thus,
than 50,000; and (3) a small adopt an alternative other than the least- Executive Order 13132 does not apply
organization that is any not-for-profit costly, most cost-effective, or least- to the direct final rule amendments.
enterprise that is independently owned burdensome alternative if the
F. Executive Order 13175: Consultation
and operated and is not dominant in its Administrator publishes with the final
and Coordination With Indian Tribal
field. rule an explanation why that alternative
In determining whether a rule has a Governments
was not adopted. Before the EPA
significant economic impact on a establishes any regulatory requirements Executive Order 13175 (65 FR 67249,
substantial number of small entities, the that may significantly or uniquely affect November 9, 2000) requires EPA to
impact of concern is any significant small governments, including tribal develop an accountable process to
adverse economic impact on small governments, it must have developed ensure ‘‘meaningful and timely input in
entities, since the primary purpose of under section 203 of the UMRA a small the development of regulatory policies
the regulatory flexibility analysis is to government agency plan. The plan must on matters that have tribal
identify and address regulatory provide for notifying potentially implications.’’
alternatives ‘‘which minimize any affected small governments, enabling The direct final rule amendments do
significant economic impact of the rule officials of affected small governments not have tribal implications, as specified
on small entities.’’ (5 U.S.C. Sections to have meaningful and timely input in in Executive Order 13175. They will not
603 and 604.) Thus, an agency may the development of EPA regulatory have substantial direct effects on tribal
conclude that a rule will not have a proposals with significant Federal governments, on the relationship
significant economic impact on a intergovernmental mandates, and between the Federal government and
substantial number of small entities if informing, educating, and advising Indian tribes, or on the distribution of
the rule relieves regulatory burden, or small governments on compliance with power and responsibilities between the
otherwise has a positive economic effect the regulatory requirements. Federal government and Indian tribes.
on all of the small entities subject to the The EPA has determined that the No tribal governments own or operate
rule. The amendments in today’s direct direct final rule amendments contain no facilities subject to the NESHAP. Thus,
final rule improve the emission Federal mandate that may result in Executive Order 13175 does not apply
standards by correcting errors and estimated costs of $100 million or more to the direct final rule amendments.
omissions. These changes should have to either State, local, or tribal
no effect other than to ease the governments, in the aggregate, or to the G. Executive Order 13045: Protection of
measurement burden for owners and private sector in any 1 year. Thus, Children From Environmental Health
operators. In addition, we are making a today’s direct final rule amendments are and Safety Risks
correction to the unit conversion not subject to sections 202 and 205 of Executive Order 13045 (62 FR 19885,
constant, a cite in footnote ‘‘a’’ to table the UMRA. The EPA has also April 23, 1997) applies to any rule that:
5, and removed English units from determined that the direct final rule (1) Is determined to be ‘‘economically
several equations that were based on amendments contain no regulatory significant,’’ as defined under Executive
metric units. After considering the requirements that might significantly or Order 12866, and (2) concerns an
economic impacts of today’s direct final uniquely affect small governments. environmental health or safety risk that
rule amendments on small entities, EPA Thus, today’s direct final rule EPA has reason to believe may have a
has concluded that this action will not amendments are not subject to the disproportionate effect on children. If
have a significant economic impact on requirements of section 203 of the the regulatory action meets both criteria,
a substantial number of small entities. UMRA. the EPA must evaluate the
environmental health or safety effects of
D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism
the planned rule on children and
Title II of the Unfunded Mandates Executive Order 13132 (64 FR 43255, explain why the planned regulation is
Reform Act of 1995 (UMRA), Public August 10, 1999) requires EPA to preferable to other potentially effective
Law 104–4, establishes requirements for develop an accountable process to and reasonably feasible alternatives
Federal agencies to assess effects of their ensure ‘‘meaningful and timely input by considered by the Agency.
regulatory actions on State, local, and State and local officials in the The EPA interprets Executive Order
tribal governments and the private development of regulatory policies that 13045 as applying only to those
sector. Under section 202 of the UMRA, have federalism implications.’’ ‘‘Policies regulatory actions that are based on
the EPA generally must prepare a that have federalism implications’’ is health or safety risks, such that the
written statement, including a cost- defined in the Executive Order to analysis required under section 5–501 of
benefit analysis, for proposed and final include regulations that have the Executive Order has the potential to
rules with Federal mandates that may ‘‘substantial direct effects on the States, influence the regulation. The direct final
result in expenditures by State, local, on the relationship between the national rule amendments are not subject to
and tribal governments, in the aggregate, government and the States, or on the Executive Order 13045 because they are
or by the private sector, of $100 million distribution of power and based on technology performance and
or more in any 1 year. Before responsibilities among the various not on health or safety risks.
promulgating an EPA rule for which a levels of government.’’
written statement is needed, section 205 The direct final rule amendments do H. Executive Order 13211: Actions That
of the UMRA generally requires the EPA not have federalism implications and Significantly Affect Energy Supply,
to identify and consider a reasonable will not have substantial direct effects Distribution, or Use
number of regulatory alternatives and on the States, on the relationship The direct final rule amendments are
adopt the least costly, most cost- between the national government and not subject to Executive Order 13211,

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‘‘Actions Concerning Regulations That publication of the direct final rule § 63.8687 What performance tests, design
Significantly Affect Energy Supply, amendments in today’s Federal evaluations, and other procedures must I
Distribution, or Use’’ (66 FR 28355, May Register. The direct final rule use?
22, 2001) because they are not a amendments are not a ‘‘major rule’’ as * * * * *
significant regulatory action under defined by 5 U.S.C. 804(2). The final (e) * * *
Executive Order 12866. rule amendments will be effective (1) To determine compliance with the
August 15, 2005. particulate matter mass emission rate,
I. National Technology Transfer you must use Equations 1 and 2 of this
Advancement Act List of Subjects in 40 CFR Part 63 section as follows:
Section 12(d) of the National
Technology Transfer and Advancement Environmental protection, Air E = M PM /P (Eq. 1)
Act (NTTAA) of 1995 (Pub. L. 104–113; pollution control, Hazardous
15 U.S.C. 272 note) directs EPA to use substances, Reporting and Where:
voluntary consensus standards in its recordkeeping requirements. E = Particulate matter emission rate,
regulatory activities unless to do so Dated: May 6, 2005. kilograms of particulate matter per
would be inconsistent with applicable megagram of roofing product
Stephen L. Johnson,
law or otherwise impractical. Voluntary manufactured.
Acting Administrator. MPM = Particulate matter mass emission
consensus standards are technical
standards (e.g., materials specifications, ■ For the reasons stated in the preamble, rate, kilograms per hour,
test methods, sampling procedures, title 40, chapter I, part 63 of the Code of determined using Equation 2.
business practices) developed or Federal Regulations is amended as P = The asphalt roofing product
adopted by one or more voluntary follows: manufacturing rate during the
consensus bodies. The NTTAA directs emissions sampling period,
EPA to provide Congress, through PART 63—[AMENDED] including any material trimmed
annual reports to the OMB, with from the final product, megagram
explanations when the Agency decides ■ 1. The authority citation for part 63 per hour.
not to use available and applicable continues to read as follows:
voluntary consensus standards. M PM = C ∗ Q ∗ K (Eq. 2)
Authority: 42 U.S.C. 7401, et seq.
The direct final rule amendments do
Where:
not involve technical standards and, Subpart LLLLL—[AMENDED]
therefore, are not subject to the NTTAA. MPM = Particulate matter mass emission
rate, kilograms per hour.
J. Congressional Review Act ■ 2. Section 63.8681 is amended by C = Concentration of particulate matter
The Congressional Review Act, 5 redesignating paragraph (e) as (f) and on a dry basis, grams per dry
U.S.C. 801 et seq., as added by the Small adding a new paragraph (e) to read as standard cubic meter (g/dscm), as
Business Regulatory Enforcement Act of follows: measured by the test method
1996, generally provides that before a specified in Table 3 to this subpart.
§ 63.8681 Am I subject to this subpart? Q = Vent gas stream flow rate (dry
rule may take effect, the agency
promulgating the rule must submit a * * * * * standard cubic meters per minute)
rule report, which includes a copy of (e) The provisions of subpart J of 40 at a temperature of 20 °C as
the rule, to each House of the Congress CFR part 60 do not apply to emissions measured by the test method
and to the Comptroller General of the from asphalt processing facilities subject specified in Table 3 to this subpart.
United States. The EPA will submit a to this subpart. K = Unit conversion constant (0.06
report containing the final rule and minute-kilogram/hour-gram).
* * * * *
other required information to the U.S. (2) To determine compliance with the
Senate, the U.S. House of ■ 3. Section 63.8687 is amended by total hydrocarbon percent reduction
Representatives, and the Comptroller revising paragraphs (e)(1) and (e)(2) to standard, you must use Equations 3 and
General of the United States prior to the read as follows: 4 of this section as follows:

[
RE = (M THCi − M THCo ) /(M THCi ) ∗ (100)] (Eq. 3)

ER17MY05.003</MATH>
Where: MTHC = Total hydrocarbon mass flow ■ 4. Section 63.8698 is amended by
RE = Emission reduction efficiency, rate, kilograms per hour. revising the definitions of Group 1
percent. C = Concentration of total hydrocarbons asphalt loading rack, Group 2 asphalt
MTHCi = Mass flow rate of total on a dry basis, parts per million by loading rack, and Group 1 asphalt
ER17MY05.002</MATH>

hydrocarbons entering the control volume (ppmv), as measured by the storage tank to read as follows:
device, kilograms per hour, test method specified in Table 3 to
this subpart. § 63.8698 What definitions apply to this
determined using Equation 4. subpart?
Q = Vent gas stream flow rate (dscm/
MTHCo = Mass flow rate of total
minute) at a temperature of 20 °C as * * * * *
hydrocarbons exiting the control
ER17MY05.001</MATH>

measured by the test method Group 1 asphalt loading rack means


device, kilograms per hour,
specified in Table 3 to this subpart.
determined using Equation 4. an asphalt loading rack that loads
K = Unit conversion constant (1.10E–04
asphalt with a maximum temperature of
(ppmv) ¥1 (kilogram/dscm)(minute/
M THC = C ∗ Q ∗ K (Eq. 4) hour)). 260° C (500° F) or greater and has a
maximum true vapor pressure of 10.4
ER17MY05.000</MATH>

Where: * * * * *

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Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Rules and Regulations 28365

kiloPascals (kPa) (1.5 pounds per square (2) Stores asphalt at a maximum Table 5 to Subpart LLLLL of Part 63—
inch absolute (psia)) or greater. temperature of 260 °C (500 °F) or greater Continuous Compliance With Operating
Group 2 asphalt loading rack means and has a maximum true vapor pressure Limits a
an asphalt loading rack that is not a of 10.4 kPa (1.5 psia) or greater. * * * * *
Group 1 asphalt loading rack. * * * * *
* * * Data from the CEMS and
a
Group 1 asphalt storage tank means ■ 5. Footnote ‘‘a’’ to Table 5 to Subpart COMS must be reduced as specified in
an asphalt storage tank that meets both LLLLL is amended by revising the last § 63.8(g).
of the following criteria: sentence as follows: * * * * *
(1) Has a capacity of 177 cubic meters
(47,000 gallons) of asphalt or greater; Tables to Subpart LLLLL of Part 63 [FR Doc. 05–9594 Filed 5–16–05; 8:45 am]
and * * * * * BILLING CODE 6560–50–P

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