26 Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Rules and Regulations
TABLE 3.—EPA APPROVED KNOX COUNTY, REGULATIONS
State effec-
State citation Title/subject EPA approval date Explanation
tive date
* * * * * * *
13.0 .......................................... Definitions ............................... 03/08/00 01/03/07 ..................................
[Insert citation of publication].
* * * * * * *
22.0 .......................................... Regulation of Fugitive Dust 1/10/01 01/03/07 ..................................
and Materials. [Insert citation of publication].
* * * * * * *
* * * * * general provision in the regulation to (202) 566–1744, and the telephone
[FR Doc. E6–22482 Filed 12–29–06; 8:45 am] allow the use of an ASTM standard as number for the Air and Radiation
BILLING CODE 6560–50–P an alternative test method to EPA Docket is (202) 566–1742. Note: The
Method 18 in the National Emission EPA Docket Center suffered damage due
Standards for Hazardous Air Pollutants to flooding during the last week of June
ENVIRONMENTAL PROTECTION From Oil and Natural Gas Production 2006. The Docket Center is continuing
AGENCY Facilities. to operate. However, during the
cleanup, there will be temporary
40 CFR Part 63 DATES: This final rule is effective on
changes to Docket Center telephone
January 3, 2007. The incorporation by
[EPA–HQ–OAR–2004–0238; FRL–8264–1] numbers, addresses, and hours of
reference of certain publications listed
operation for people who wish to make
RIN 2060-AM16 in these rules is approved by the
hand deliveries or visit the Public
Director of the Federal Register as of
Reading Room to view documents.
National Emission Standards for January 3, 2007.
Hazardous Air Pollutants for Source Consult EPA’s Federal Register notice at
ADDRESSES: EPA has established a 71 FR 38147 (July 5, 2006) or the EPA
Categories From Oil and Natural Gas docket for this action under Docket ID
Production Facilities Web site at http://www.epa.gov/
No. EPA–HQ–OAR–2004–0238. All epahome/dockets.htm for current
AGENCY: Environmental Protection documents in the docket are listed information on docket operations,
Agency (EPA). either on the www.regulations.gov Web locations, and telephone numbers. The
ACTION: Final rule. site or in the legacy docket, A–94–04. Docket Center’s mailing address for U.S.
Although listed in the index, some mail and the procedure for submitting
SUMMARY: This action promulgates information is not publicly available, comments to www.regulations.gov are
national emission standards for e.g., confidential business information not affected by the flooding and will
hazardous air pollutants to regulate or other information whose disclosure is remain the same.
hazardous air pollutant emissions from restricted by statute. Certain other
oil and natural gas production facilities material, such as copyrighted material, FOR FURTHER INFORMATION CONTACT: Greg
that are area sources. The final national is not placed on the Internet and will be Nizich, Office of Air Quality Planning
emission standards for hazardous air publicly available only in hard copy and Standards, Sector Policies and
pollutants for major sources was form. Publicly available docket Programs Division, Coatings and
promulgated on June 17, 1999, but final materials are available either Chemicals Group (E143–01),
action with respect to area sources was electronically through Environmental Protection Agency,
deferred. Oil and natural gas production www.regulations.gov or in hard copy at Research Triangle Park, NC 27711;
is identified in the Urban Air Toxics the Air and Radiation Docket, EPA telephone number: (919) 541–3078; fax
Strategy as an area source category for West, Room B–102, 1301 Constitution number: (919) 541–0246; e-mail address:
regulation under section 112(c)(3) of the Ave., NW., Washington, DC. The Public nizich.greg@epa.gov.
Clean Air Act because of benzene Reading Room is open from 8:30 a.m. to SUPPLEMENTARY INFORMATION: Regulated
emissions from triethylene glycol 4:30 p.m., Monday through Friday, Entities. Entities potentially affected by
dehydration units located at such excluding legal holidays. The telephone this final rule include, but are not
facilities. This final rule also amends a number for the Public Reading Room is limited to, the following:
Category NAICS Code* Examples of regulated entities
Industry ............. 211111, 211112 Condensate tank batteries, glycol dehydration units, and natural gas processing plants.
* North American Industry Classification System.
This table is not intended to be examine the applicability criteria in 40 this action to a particular entity, consult
exhaustive, but rather provides a guide CFR part 63, subpart HH, National the person listed in the preceding FOR
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for readers regarding entities likely to be Emissions Standards for Hazardous Air FURTHER INFORMATION CONTACT section.
regulated by this action. To determine Pollutants From Oil and Natural Gas Worldwide Web (WWW). In addition
whether your facility would be Production Facilities. If you have any to being available in the docket, an
regulated by this action, you should questions regarding the applicability of electronic copy of this final rule is also
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Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Rules and Regulations 27
available on the Worldwide Web D. Does this final rule apply to me? set standards for area sources according
(WWW) through the Technology E. What are the emission limitations and to generally available control
Transfer Network (TTN). Following the work practice standards? technologies (GACT) or management
Administrator’s signature, a copy of this F. What are the testing and initial practices in lieu of maximum achievable
compliance requirements?
final rule will be posted on the TTN’s G. What are the continuous compliance
control technologies (MACT). Unlike
policy and guidance page for newly requirements? MACT, there is no prescription in CAA
proposed or promulgated rules at http:// III. Significant Changes Since Proposal section 112(d)(5) that standards for
www.epa.gov/ttn/oarpg/. The TTN A. Compliance Dates existing sources must, at a minimum, be
provides information and technology B. Applicability Requirements set at the level of emission reduction
exchange in various areas of air C. Startup, Shutdown, and Malfunction achieved by the best performing 12
pollution control. Requirements percent of existing sources, or that
Judicial Review. Under section IV. Responses To Significant Comments standards for new sources be set at the
307(b)(1) of the Clean Air Act (CAA), A. What geographic applicability criteria is level of emission reduction achieved in
being used in this final rule? practice by the best controlled similar
judicial review of this final rule is B. What urban definition is being used in
available by filing a petition for review this final rule?
source. The legislative history suggests
in the United States Court of Appeals C. What are the requirements for remote/ that standards under CAA section
for the District of Columbia Circuit by unmanned sources? 112(d)(5) should ‘‘[reflect] application of
March 5, 2007. Only those objections to V. Impacts of This Final Rule generally available control technology—
this final rule that were raised with A. What Are The Air Impacts? that is, methods, practices, and
reasonable specificity during the period B. What Are The Cost Impacts? techniques which are commercially
for public comment may be raised C. What Are The Economic Impacts? available and appropriate for
during judicial review. Under section D. What Are The Non-Air Environmental application by the sources in the
and Energy Impacts? category considering economic impacts
307(b)(2) of the CAA, the requirements VI. Statutory and Executive Order Reviews
that are the subject of this final rule may and the technical capabilities of the
A. Executive Order 12866: Regulatory
not be challenged later in civil or Planning and Review
firms to operate and maintain the
criminal proceedings brought by EPA to B. Paperwork Reduction Act emissions control systems.’’ SEN. REP.
enforce these requirements. C. Regulatory Flexibility Act NO. 101–228, at 171 (1989). Thus, by
Section 307(d)(7)(B) of the CAA D. Unfunded Mandates Reform Act of 1995 contrast to MACT, CAA section
further provides a mechanism for us to E. Executive Order 13132: Federalism 112(d)(5) allows us to consider various
convene a proceeding for F. Executive Order 13175: Consultation factors in determining the appropriate
reconsideration, ‘‘[i]f the person raising and Coordination With Indian Tribal standard for a given area source
Governments category.
an objection can demonstrate to the EPA G. Executive Order 13045: Protection of
that it was impracticable to raise such Children From Environmental Health B. What criteria are used in the
objection within [the period for public Risks and Safety Risks development of area source standards?
comment] or if the grounds for such H. Executive Order 13211: Actions We are issuing standards for this area
objection arose after the period for Concerning Regulations That
Significantly Affect Energy Supply,
source category under CAA section
public comment (but within the time
Distribution, or Use 112(d)(5), in lieu of a MACT standard.
specified for judicial review) and if such
I. National Technology Transfer and There are factors relevant to this area
objection is of central relevance to the source category that warrant our
outcome of the rule.’’ Any person Advancement Act
J. Congressional Review Act consideration, and we can properly
seeking to make such a demonstration to assess those factors under section
us should submit a Petition for I. Background Information 112(d)(5) of the CAA. For example, the
Reconsideration to the Office of the locations of oil and natural gas
A. What is the statutory authority for
Administrator, U.S. EPA, Room 3000, production sources are dictated by the
this final rule?
Ariel Rios Building, 1200 Pennsylvania locations of the relevant natural
Ave., NW., Washington, DC 20460, with Sections 112(c)(3) and 112(k)(3)(B) of
resources rather than a need to serve a
a copy to both the person(s) listed in the the CAA instruct us to identify not less
particular population center. In
preceding FOR FURTHER INFORMATION than 30 hazardous air pollutants (HAP)
addition, these sources do not typically
CONTACT section, and the Associate which, as a result of emissions from area
require on-site operators and are usually
General Counsel for the Air and sources,1 present the greatest threat to
not manned by large staff, if manned at
Radiation Law Office, Office of General public health in the largest number of
all. Given the unique nature of these
Counsel (Mail Code 2344A), U.S. EPA, urban areas, and to list sufficient source
sources, many of these sources are
1200 Pennsylvania Ave., NW., categories or subcategories to ensure
located in remote areas. We believe that
Washington, DC 20460. that 90 percent of the emissions of the
a CAA section 112(d)(5) standard is
Organization of this Document. The listed HAP (area source HAP) are
appropriate because it would allow us
information presented in this preamble subject to regulation. CAA Section
to adequately address these and other
is organized as follows: 112(c)(3) requires us to regulate these
relevant factors, including costs, in
I. Background Information
listed area source categories under CAA
promulgating these national emission
A. What is the statutory authority for this section 112(d). Section 112(d)(5) of the
standards for hazardous air pollutants
final rule? CAA provides us with the discretion to
(NESHAP).
B. What criteria are used in the
development of area source standards? 1 Under section 112(a) of the CAA, an area source
C. How was this final rule developed?
C. How was this final rule developed? is a stationary source that is not a major source. A
major source, as defined under section 112(a) of the We initially proposed NESHAP for
II. Summary of This Final Rule
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A. What source categories are affected by
CAA, is a stationary source or a group of stationary the Oil and Natural Gas Production
sources located within a contiguous area and under source category on February 6, 1998 (63
this final rule? common control that emits or has the potential to
B. What is the affected source? emit considering controls, in the aggregate, 10 tons
FR 6288) that addressed both major and
C. What pollutants are emitted and per year or more of any HAP or 25 tons per year area source oil and natural gas
controlled? or more of any combination of HAP. production facilities. CAA Section
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28 Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Rules and Regulations
112(c)(3) authorizes us to list for points (e.g., equipment leaks) at area rule, we determined that GACT is no
regulation an area source category source oil and natural gas production control for these sources. We did not
‘‘which the Administrator finds present facilities are not a part of the affected receive any comments on this
a threat of adverse effects to human source. determination.
health or the environment * * * As for those TEG dehydration units
C. What pollutants are emitted and with an annual average natural gas flow
warranting regulation.’’ In the 1998 controlled?
proposed NESHAP, we proposed to rate equal to or greater than 85 thousand
regulate this area source category The primary HAP associated with oil m3/day (3 MMSCF/D) and benzene
pursuant to CAA section 112(c)(3) due and natural gas production facilities emissions equal to or greater than 0.90
to the risks from exposure to benzene include benzene, toluene, ethylbenzene, Mg/yr (1.0 tpy), we subcategorized these
emissions from triethylene glycol (TEG) and mixed xylenes and n-hexane. Only units based on their locations with
dehydration units at these area sources. benzene is listed under CAA section regard to areas of higher population
Public comments were solicited at the 112(k)(3)(B)(i) as one of the 30 area densities. In evaluating population
time of the proposal. We received 29 source HAP. Benzene is classified as a density, we started with the U.S. Census
comment letters on the proposed area known human carcinogen based on Bureau terms of ‘‘urbanized area’’ and
source standards. On June 17, 1999, we convincing human evidence (such as ‘‘urban cluster.’’ Upon evaluating the
promulgated the NESHAP for major observed increases in the incidence of characteristics of this area source
sources of oil and natural gas leukemia in exposed workers), as well category, we define areas of higher
production (64 FR 32610) but did not as supporting evidence from animal population densities to be urbanized
finalize either the 1998 proposed listing studies. In addition, short-term areas (UA),2 urban clusters (UC) 3 that
of this area source category for inhalation of high benzene levels may contain 10,000 people or more,4 and the
regulation or the proposed area source cause nervous system effects such as area located two miles 5 or less from
standards. Instead, on July 19, 1999, we drowsiness, dizziness, headaches, and each UA boundary. For ease of
published the Urban Air Toxics Strategy unconsciousness in humans. At even reference, this final rule refers to these
(Strategy) (64 FR 38706, July 19, 1999). higher concentrations of benzene, areas as ‘‘UA plus offset and UC.’’ As
The Strategy included benzene as one of exposure may cause death, while lower mentioned above, UA and UC are terms
the 30 listed area source HAP under concentrations may irritate the skin, used by the United States Census
CAA section 112(k)(3)(B)(i). The eyes, and upper respiratory tract. Long- Bureau to identify densely settled areas.
Strategy also listed oil and natural gas term inhalation exposure to benzene Among other Census Bureau criteria, an
production for regulation under CAA may cause various disorders of the UA has a population of at least 50,000
section 112(k)(3)(B)(ii) because TEG blood and toxicity to the immune people, and an UC has a population of
dehydration units at oil and natural gas system. Reproductive disorders in at least 2,500, but less than 50,000
production facilities contributed women, as well as developmental people.
effects in animals, have also been For those area source TEG
approximately 47 percent of the
reported for benzene exposure. dehydration units with natural gas
national urban benzene emissions from
Benzene emissions from TEG throughput and benzene emission rates
area sources. On July 8, 2005 (70 FR
dehydration units at oil and natural gas above the cutoff levels described above
39443), we published a supplemental
production facilities contributed that are located within the UA plus
proposal to the 1998 proposed area
approximately 47 percent of the offset and UC boundary, we are
source standards. The 60-day comment
nationwide urban area source benzene requiring, pursuant to CAA section
period ended on September 6, 2005, and
emissions. Accordingly, this final rule 112(d)(5), that each such unit be
we received 18 comment letters on the
regulates benzene emissions from TEG connected, through a closed vent
supplemental proposal. Today’s final system, to one or more emission control
rule reflects our consideration of all of dehydration units at area source oil and
natural gas production facilities. devices. The control devices must: (1)
the comments received on both the 1998 Reduce HAP emissions by 95 percent or
and 2005 proposed standards for area D. Does this final rule apply to me? more (generally by a condenser with a
sources of oil and natural gas You are subject to emissions
production. reduction requirements in this final rule 2 Urbanized area (UA) refers to Census 2000
if you own or operate a TEG Urbanized Area, which is defined in the Urban
II. Summary of This Final Rule Area Criteria for Census 2000, 67 FR 11663, 11667
dehydration unit with an actual annual (March 15, 2002). Essentially, an UA consists of
A. What source categories are affected average natural gas flow rate equal to or densely settled territory with a population of at
by this final rule? greater than 85 thousand standard cubic least 50,000 people.
3 Urban cluster (UC) refers to Census 2000 Urban
This final rule affects area source oil meters per day (thousand m3/day) (3
Cluster, which is defined in the Urban Area Criteria
and natural gas production facilities. An million standard cubic feet per day for Census 2000, 67 FR 11667. Essentially, an UC
oil and natural gas production facility (MMSCF/D)), and with benzene consists of densely settled territory with at least
processes, upgrades, or stores (1) emissions equal to or greater than 0.90 2,500 people, but fewer than 50,000 people.
hydrocarbon liquids (with the exception Megagrams per year (Mg/yr) (1.0 ton per 4 This final rule does not cover all UC areas, but
of those facilities that exclusively only those UC areas that contain 10,000 people or
year (tpy)). more, which are used to construct Census 2000
handle black oil) to the point of custody core-based statistical areas (65 FR 82233).
E. What are the emission limitations
transfer and (2) natural gas from the 5 We determined the 2-mile offset distance by
and work practice standards?
well up to and including the natural gas reviewing maps of different UA areas and
processing plant. We created three subcategories of measuring the distance across the largest pockets or
sources in this final rule. We created a holes within the UA footprint. Since our
B. What is the affected source? evaluations showed that the largest distance was
subcategory of TEG dehydration units just under 4 miles across, we decided to use one
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In this final rule, the affected source with either an annual average natural half of that distance, i.e., 2 miles, as the offset
is defined as each TEG dehydration unit gas flowrate less than 85 thousand m3/ distance. This would ensure that any sources
located within a pocket or hole would be controlled
located at an area source oil and natural day (3 MMSCF/D) or benzene emissions as part of the UA source-group. Since we did not
gas production facility. Other types of less than 0.90 Mg/yr (1.0 tpy). As find the presence of holes in UC’s, no offset is
dehydration units or other emission explained in the supplemental proposed provided.
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Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Rules and Regulations 29
flash tank); or (2) reduce HAP emissions add-on control requirement described sources located outside the UA plus
to an outlet concentration of 20 parts above to TEG dehydration units offset and UC boundaries. We have
per million by volume (ppmv) or less nationwide to the impacts of only determined that adjusting the TEG
(for combustion devices); or (3) reduce applying the requirement to units circulation rate is an appropriate
benzene emissions to a level less than located in areas of high population management practice for several
0.90 Mg/yr (1.0 tpy). As an alternative densities (i.e., within the UA plus offset reasons. First, by lowering the TEG
to complying with these control and UC boundary).6 Applying the add- circulation rate, the amount of glycol
requirements, pollution prevention on control to the estimated 2,222 TEG that comes in contact with the natural
measures such as process modifications dehydration units nationwide would gas is reduced, thereby lowering the
or combinations of process result in approximately 13,400 tpy of amount of HAP (e.g., benzene) that is
modifications and one or more control HAP (4,020 tpy of benzene) emission absorbed by the glycol and subsequently
devices that reduce the amount of HAP reduction. We estimate that these 2,222 emitted through the reboiler vent when
generated, are allowed provided that TEG dehydration units are located in the glycol is regenerated. We estimate
they achieve the same required emission States with a combined population of 92 that the HAP emissions reduction is
reductions. million people.7 The annual cost for this approximately 7,600 tpy (2,400 tpy of
For those area source TEG option was estimated to be $39 million. benzene) for the approximately 2,172
dehydration units with natural gas We then evaluated the impacts of sources located outside UA plus offset
throughput and benzene emission rates applying the add-on control and UC boundaries. Second, reducing
above the cutoff levels described above requirement to only those TEG the TEG circulation rate has the added
that are located outside of UA plus dehydration units located within UA benefit of reducing natural gas losses.
offset and UC boundaries, we are plus offset and UC boundaries. We Natural gas is also absorbed by the TEG,
requiring, pursuant to CAA section estimated 50 TEG dehydration units in and subsequently emitted through the
112(d)(5), that each unit reduce this area with a combined population of reboiler vent. The amount of natural gas
emissions by lowering the glycol 80 million people. This scenario would vented is directly proportional to the
circulation rate to be less than or equal result in a 300 tpy HAP (90 tpy of TEG circulation rate. Lowering the TEG
to an optimum rate. The optimum rate benzene) emission reduction and an circulation rate has a direct impact on
is determined by the following equation: annual cost of compliance of $883 the amount of natural gas lost. Third,
thousand. Thus, extending the add-on optimizing the TEG circulation rate can
gal TEG F ∗ ( I − O ) control requirement to sources outside be achieved without sacrificing the
LOPT = 1.15 ∗ 3.0 ∗ the UA plus offset and UC boundaries performance of the TEG dehydration
lb H 2 O 24 hr/day would result in an additional annual unit. Fourth, this process variable does
cost exceeding $38 million in an area not require the presence of an on-site
Where:
with a combined population of 12 operator to maintain and, thus, would
LOPT = Optimal circulation rate, gal/hr.
million people. This analysis showed be an achievable option for unmanned
F = Gas flowrate (MMSCF/D).
I = Inlet water content (lb/MMSCF), and that the overall cost of controlling units sources. Finally, the TEG circulation
O = Outlet water content (lb/MMSCF). outside UA plus offset and UC rate can be optimized for minimal
boundaries was much higher for a lower capital cost (e.g., a new pump may be
The constant 3.0 gal TEG/lb H2O is population. required) and could result in an annual
the industry accepted rule of thumb for Since the areas located outside UA cost savings due to the reduction of the
a TEG-to-water ratio. The constant 1.15 plus offset and UC boundaries are natural gas losses. Therefore, this final
is an adjustment factor included for a sparsely populated compared to those rule requires each TEG dehydration unit
margin of safety. inside UA plus offset and UC at area source oil and natural gas
We decided to subcategorize in the boundaries, we do not believe the production facilities located outside of
manner described above for several additional cost associated with UA plus offset and UC boundaries to
reasons. We received a number of extending the add-on control reduce emissions by optimizing the TEG
comments on both the 1998 and 2005 requirement to sources in this area is circulation rate.
proposals that this source category justified. Under this final rule, the add-
contains many sources that are located F. What are the testing and initial
on control requirement applies only to
in remote areas. Our understanding of compliance requirements?
sources located within the UA plus
this area source category is consistent offset and UC boundaries. Section To demonstrate that the actual annual
with the comment on the remoteness of 112(d)(5) of the CAA authorizes us to set average natural gas flowrate of your TEG
the locations of many of these sources. standards for area sources that provide dehydration unit is less than 85
We recognize that the oil and natural for the use of generally available thousand m3/day (3 MMSCF/D), this
gas production source category is management practices by sources to final rule specifies that you must
unique compared to many other area reduce HAP emissions. Pursuant to determine the natural gas flow rate
source categories in that the location of CAA section 112(d)(5), we have using either a flow measurement device
these sources is dictated by the location prescribed a management practice for or another method approved by the
of the relevant natural resources rather Administrator. To demonstrate that your
than a need to serve a particular 6 Because we have determined that GACT is no TEG dehydration unit emits less than
population center. In addition, sources control for units below the natural gas throughput 0.90 Mg/yr (1.0 tpy) of benzene, this
in this category do not typically require and benzene emission threshold, we only final rule specifies that you must
considered the impacts of sources above the
on-site operators and are usually not thresholds.
determine its emissions using either
manned by large staff, if manned at all. 7 We are using an approach by which we are GRI–GLYCalcTM, Version 3.0 or higher,
As previously mentioned, we believe evaluating the affected TEG dehydration units or direct measurement.
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that the standards need to be tailored to relative to the populations contained in the top 13 For TEG dehydration units that have
appropriately address these unique natural gas producing States (Texas, New Mexico, an actual annual average natural gas
Oklahoma, Wyoming, Louisiana, Colorado, Alaska,
circumstances. Kansas, California, Utah, Michigan, Alabama, and
flowrate and benzene emission rate at or
In conducting our analysis, we Mississippi). This approach is consistent with that above the cut-off levels mentioned
ER02JA07.000
compared the impacts of applying the used in the July 2005 proposal (70 FR 39446). above and are located within the UA
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30 Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Rules and Regulations
plus offset and UC boundaries, the conducting the required monitoring, required to implement this management
source must submit Notification of and maintaining the required records. practice, a 2-year compliance period
Compliance Status Reports, inspect/test As described in the 1998 proposal and was more appropriate.
the closed-vent system and control the 2005 proposal, these monitoring, Second, we use the date of the 1998
device(s), and establish monitoring recordkeeping, and reporting proposed rule for defining existing and
parameter values. If the unit is above the requirements are the same as those new sources in ‘‘Urban-1’’ counties
cut-offs and located outside the UA plus required for major sources except for the
only. In the 2005 supplemental
offset and UC boundaries, the source frequency of submittal for periodic
proposal, we used the date of the 1998
only has to submit an Initial reports. Sources outside the UA plus
proposed rule to define new and
Notification which must include a offset and UC boundaries must maintain
a record of the circulation rate existing sources in both Urban-1 and
certified statement of future compliance.
determination. ‘‘Urban-2’’ counties, because we had
We are finalizing the change proposed proposed to regulate sources in these
in the July 8, 2005 notice to allow III. Significant Changes Since Proposal counties in the 1998 proposed rule.8
ASTM D6420–99 (2004) as an
A. Compliance Dates Since then, we concluded that defining
alternative where EPA Method 18 is
existing and new sources in Urban-2
specified. The General Provisions of 40 The compliance date provisions for counties based on the date of the 1998
CFR part 63 will be amended to existing sources in this final rule differ proposed rule would be inappropriate
incorporate the approved method by from the two proposed rules in two because the 1998 proposed rule
reference for 40 CFR part 63, subpart respects. First, because we have added contained an inaccurate definition for
HH. See section VI.J. for further a management practice requirement to Urban-2 and, therefore, did not provide
discussion. this final rule, we included a 2-year
adequate notice to sources in Urban-2
G. What are the continuous compliance compliance deadline for existing
counties. Accordingly, this final rule
sources subject to this requirement. The
requirements? uses the date of the 1998 proposal for
management practice requirement
Area sources within UA plus offset defining existing and new sources in
would require, at most, that a source
and UC boundaries are required to Urban-1 counties only. For sources in
install a new glycol pump to optimize
submit periodic reports on an annual the TEG circulation rate. We believe that areas other than Urban-1 counties, this
basis, instead of semiannually, as is 2 years is a sufficient length of time in final rule determines existing and new
required for major sources. Continuous which to install and operate the glycol sources based on the date of the 2005
compliance requirements include pump at the optimum circulation rate. supplemental proposal.
submitting periodic reports, conducting We considered making the compliance Table 1 of this preamble presents
annual inspections of closed-vent deadline 1 year, however we decided compliance dates for existing and new
systems, repairing leaks and defects, that given the estimated 2,172 sources sources for this final rule.
where the
For an affected source located source was then the and the compliance date for
in a county we classified as and is located * * * constructed/re- source is that source would be * * *
* * * construct-ed * * *
* * *
(a) Urban-1 based on 2000 within any UA plus offset and UC boundary, before Feb- Existing ........ January 4, 2010.
census data, ruary 6,
1998,
(b) Urban-1 based on 2000 Not within any UA plus offset and UC bound- before Feb- Existing ........ January 5, 2009.
census data, ary, ruary 6,
1998,
(c) Urban-1 based on 2000 either within or outside any UA plus offset on or after New ............. January 3, 2007 or startup,
census data, and UC boundary, February 6, whichever is later.
1998,
(d) Not Urban-1 based on within any UA plus offset and UC boundary, before July 8, Existing ....... January 4, 2010.
2000 census data, 2005,
(e) Not Urban-1 based on Not within any UA plus offset and UC bound- before July 8, Existing ........ January 5, 2009.
2000 census data, ary, 2005,
(f) Not Urban-1 based on 2000 Either within or outside any UA plus offset on or after July New ............. January 3, 2007 or startup,
census data, and UC boundary, 8, 2005, whichever is later.
B. Applicability Requirements area sources not located within the UA can access the Bureau of Census Web
plus offset and UC boundaries must site at http://factfinder.census.gov to
Whereas the proposed rules proposed implement the prescribed management generate a map based on the location of
applying the add-on control practices (i.e., adjust TEG circulation your TEG dehydration unit and
requirement either nationally or only to rate) for operation of the TEG calculate the location relative to the
TEG dehydration units at sources
dehydration unit. Guidance is available nearest UA plus offset and UC
located in ‘‘urban’’ counties, this final
on the Internet at http://www.epa.gov/ boundaries.
rule applies this requirement to: Units at
area sources located within a UA plus ttn/atw/oilgas/oilgaspg.html to assist in
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offset and UC boundary, which is determining your location relative to a
described in section II.E above. Units at UA plus offset and UC boundary, or you
8 Both the 1998 and 2005 proposed rules However, we did not accurately define ‘‘Urban-2’’ ‘‘Urban-2’’ was corrected in the 2005 supplemental
provided definitions for ‘‘Urban-1’’ and ‘‘Urban-2.’’ in the 1998 proposed rule. The definition for proposed rule.
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Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Rules and Regulations 31
C. Startup, Shutdown, and Malfunction areas, which are sparsely populated, population. The commenters
Requirements would not yield the same public health specifically referred to the State of
This final rule follows the benefits that were ‘‘contemplated’’ by Wyoming, in which half of the State is
requirements of the General Provisions the statute. classified as ‘‘urban’’ using EPA’s
Response: We believe that the CAA proposed definition. One commenter
(40 CFR part 63, subpart A) regarding
provides the Agency with the authority also pointed out that in Utah, six of the
startup, shutdown, and malfunction
to regulate area sources nationwide. 12 counties designated as urban using
(SSM) events. Because this final rule
CAA section 112(k)(1) states that ‘‘It is EPA’s definition have a population
only requires area sources within UA the purpose of this subsection to density of less than ten persons per
plus offset and UC boundaries to have achieve a substantial reduction in square mile.
add-on control, only sources within the emissions of hazardous air pollutants Other commenters stated that some
UA plus offset and UC boundaries are from area sources and an equivalent counties with a total population of less
subject to the General Provisions reduction in the public health risks than 5,000, and an average population
regarding SSM. associated with such sources including density of less than two people per
IV. Responses to Significant Comments a reduction of not less than 75 per square mile, would be classified as
centum in the incidence of cancer urban under the Urban-2 designation. In
Our responses to all of the significant
attributable to emissions from such order to illustrate the broad
public comments on both proposals are
sources.’’ Consistent with this expressed geographical applicability that includes
presented in the Response to Comments purpose of CAA section 112(k) to reduce remote locations, the commenters stated
Document which is available in Docket both emissions and risks, CAA section that, based on the Urban-2 definition,
No. EPA–HQ–OAR–2004–0238. 112(k)(3)(i) requires that we list not less urban designations would be applied to:
A. What Geographic Applicability than 30 HAP that, as a result of • 14 of 23 counties in Wyoming;
Criteria is Being Used in this final rule? emissions from area sources, present the • 20 of 33 counties in New Mexico;
greatest threat to public health in the • 10 or 17 counties in Nevada; and
Comment: We proposed two options • 17 of 56 counties in Montana.
largest number of urban areas. CAA
for the geographic applicability criteria: One commenter stated that EPA’s
sections 112(c)(3) and (k)(3)(ii) require
(1) all TEG dehydration units would be proposed definition of urban areas
that we list area source categories that
subject to area source standards would be unnecessarily costly and
represent not less than 90 percent of the
(hereinafter referred to as ‘‘Option 1’’); area source emissions of each of the burdensome on sites located in rural or
and (2) area source standards would listed HAP. CAA section 112(c) requires remote areas, but classified as urban.
apply to TEG dehydration units located that we issue standards for listed One commenter acknowledged that
in Urban-1 and Urban-2 counties categories under CAA section 112(d). there has been, and will continue to be,
(hereinafter referred to as ‘‘Option 2’’). These relevant statutory provisions instances of energy production and
We received comments objecting to authorize us to regulate listed area population encroachment. However,
Option 1 for primarily two reasons: (1) source categories and not just sources according to the commenter, most of the
EPA does not have the authority to located in urban areas. known conventional or unconventional
regulate rural sources under the CAA; In both the UATS and our July 8, 2005 gas supply basins are likely to remain
and (2) regulation of rural or remote supplemental proposal, we identified rural for the foreseeable future.
sources is not warranted due to low the reasons supporting a national rule Response: The statute does not define
exposure risks. (e.g., benzene’s toxicity and urban, thus, leaving us the discretion to
The commenters stated that carcinogenicity, a level playing field, define the term. We proposed and took
nationwide applicability is contrary to the 75 percent cancer incidence comments on our definition of the term
the plain language of the CAA, reduction goal) (64 FR 38724 and 70 FR urban as part of our 1999 UATS. The
specifically section 112(k). According to 39446). Furthermore, by requiring definition was the basis for the listing of
the commenters, CAA section 112(k) is management practices rather than area source categories pursuant to
designed to address those smaller control requirements on sources outside section 112(c)(3) and (k)(3)(B)(ii) of the
sources of HAP that create unacceptable the UA plus offset and UC boundaries, CAA. We are currently under court-
exposures in concentrated urban areas; we believe that we have appropriately ordered deadlines to complete issuing
remote, small, or sparsely populated addressed commenters’ concern with standards for all listed area source
rural areas, where many dehydrators are respect to remote sources being subject categories. Changing the definition of
located, are therefore not within the to unnecessary or costly requirements. urban would mean recreating an area
scope of CAA section 112(k)(1). Several source category list, which may differ
commenters stated that there is no clear B. What urban definition is being used significantly from the current list and,
indication that emissions from remote in this final rule? thus, greatly hinders our effort to
sources provide a meaningful Comment: Several commenters complete our obligation by the court-
contribution to ambient air toxic levels opposed EPA’s definition of ‘‘urban ordered deadlines. Therefore, we
in urban areas; therefore, regulating areas.’’ According to the commenters, by believe that revisiting the definition of
rural sources would not have the effect defining urban areas as county-wide urban is inappropriate at this time.
intended by the CAA. areas, EPA has expanded urban areas to However, we have tailored this rule to
We also received comments objecting include large expanses of rural address the unique circumstances
to Option 1 asserting that exposure risks territories. One commenter stated that a associated with this source category, as
from facilities located in rural or remote comparison of land area to population described above. Moreover, in response
areas are low or nonexistent. One on a county basis shows that the target to comments regarding the nature of
commenter stressed that the foundation population for protection is very thinly remote sources, we modified this final
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for the area source program was based distributed. Four commenters referred rule and are only requiring the add-on
on regulating area sources in a manner to maps noting that the maps show vast control requirement for sources in areas
that would result in a public health areas of the United States that would be of higher population densities, which
benefit. The commenter stated that classified as urban areas based on the we have identified as areas within the
regulating dehydration units in rural proposed definition, but have very low UA plus offset and UC boundaries. This
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32 Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Rules and Regulations
rule imposes the less costly in all situations because the high water require a higher level of emission
management practice requirements on vapor content can extinguish the fire. reductions for TEG dehydration units
sources outside the UA plus offset and While flares and vapor recovery systems located in more densely populated
UC boundaries. address this problem, they require areas. We also recognize that the oil and
frequent monitoring, which is a problem natural gas source category is unique
C. What are the requirements for
at unmanned sites that are only visited because there are many area sources that
remote/unmanned sources?
infrequently. The lack of electric power are located in remote or rural areas. For
Comment: Commenters said if EPA supply would make certain automated these reasons and the reasons discussed
imposes controls on TEG dehydrators monitoring systems impossible. above, we have subcategorized to
outside of Urban-1 areas, it should Commenters said EPA should adopt a differentiate between those sources
adopt a separate (lesser) control separate GACT standard for facilities above the cutoff levels identified above
standard for those remote area sources outside of ‘‘Urban-1’’ areas and that are located inside UA plus offset
for the following reasons: ‘‘urbanized areas.’’ The 95-percent and UC boundaries and those located
• It is not justified based on health control efficiency standard could still outside such boundaries. We require
effects. apply in Urban-1 areas and urbanized installation of control equipment for
• Practical considerations prevent areas, but it would not otherwise apply TEG dehydration units located inside
operators from achieving the 95-percent to area source TEG dehydrators. The UA plus offset and UC boundaries and
control efficiency on remote, unmanned commenters recommended that EPA set management practices (i.e., optimized
TEG dehydrators. GACT for facilities that are not located glycol circulation rate) for units located
Commenters said that in order to meet in Urban-1 or urbanized areas as a outside UA plus offset and UC
the 95-percent control efficiency or the reduction of benzene to a level of less boundaries. We believe that this
outlet concentration, an operator than 1 tpy, and remove the 95-percent approach addresses the commenters’
generally has to install a system with a control efficiency requirement. One concerns regarding the control of remote
forced draft fan for the condenser and a commenter added that GACT could also or rural facilities.
flare or vapor recovery system. Many be considered as the installation of a
V. Impacts of This Final Rule
remote sources do not have an electric flash tank/condenser or incinerator
power supply, which precludes using a process. The environmental and cost impacts
forced draft fan. Routing the vapors to Response: We agree with the for this final rule are presented in Table
the firebox or fire-tube is not practical commenters that it is reasonable to 2 of this preamble:
Existing New
Total Number of Impacted Facilities ............................................................................................................................ 2,222 *141
Facilities Required to Install Add-On Controls
Number of Facilities ..................................................................................................................................................... 50 3
Emission Reductions (Mg/yr):
HAP ...................................................................................................................................................................... 300 17
VOC ...................................................................................................................................................................... 530 30
Benzene ................................................................................................................................................................ 90 5
Secondary Emissions Increases (Mg/yr):
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Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Rules and Regulations 33
offset and UC boundaries optimize their B. What are the Cost Impacts? and output changes as a result of the
glycol circulation rate. We estimate that Since several compliance options are 1998 proposed regulation were
this final rule will result in a HAP available to owners/operators of affected estimated to be less than 0.01 percent,
emission reduction of 7,200 Mg/yr sources subject to the add-on control significantly less than observed market
(7,900 tpy) and 2,200 Mg/yr of benzene requirement, we are not sure what trends. We continue to believe that the
(2,400 tpy). control method will be employed. previous analysis is valid for today’s
Sources can control emissions by action and that the result of the 1998
To estimate the impacts of this final
economic impact analysis resulted in a
rule on new sources, we assumed that routing emissions to a condenser, a
very low percent increase in price and
new area source facilities would, in the flare, a process heater, or back to the
output changes. Therefore, we believe
absence of the standards, have baseline process or by implementing pollution
that imposition of regulatory costs
emissions equivalent to existing prevention process changes. For the cost
associated with this final rule will result
sources. We estimate that a total of estimates developed for condenser
in negligible changes in natural gas
7,200 new area source TEG dehydration systems, we looked at systems with and
prices, output, employment, foreign
units will be constructed within the without the use of a gas condensate
trade, and business closures.
next 5 years, or 2,400 per year. Of these glycol separator (GCG separator) or flash
7,200 new area source TEG dehydration tank in TEG dehydration system design. D. What are the Non-Air Environmental
units, we estimate that a total of 423 We estimate that approximately 50 and Energy Impacts?
(141 per year) will have an actual sources are located within the UA plus The water impacts associated with the
annual average natural gas flowrate offset and UC boundaries. For the new installation of a condenser system for
greater than or equal to 85 thousand m3/ source cost impacts, we assumed that the TEG dehydration unit reboiler vent
day (3 MMSCF/D). Using these new area source TEG dehydration units would be minimal. This is because the
assumptions, we estimate the will be constructed with a flash tank. condensed water collected with the
nationwide emission reduction resulting Affected sources located outside of hydrocarbon condensate can be directed
from new area source TEG dehydration UA plus offset and UC boundaries are back into the system for reprocessing
units complying with this final rule required to operate the TEG dehydration with the hydrocarbon condensate or, if
would be approximately 450 Mg/yr (500 unit at the optimum glycol circulation separated, combined with produced
rate. For estimating annual costs for water for disposal by reinjection.
tpy) of HAP and 140 Mg/yr (150 tpy) of
these sources, it was assumed that in Similarly, the water impacts
benzene from the 141 new area sources
order to meet the optimum glycol associated with installation of a vapor
that would become subject each year.
circulation rate, owners or operators control system would be minimal. This
We assume that, of the 141 new area
would be required to purchase and is because the water vapor collected
sources, 3 would be located within the
install a new pump. Because reducing along with the hydrocarbon vapors in
UA plus offset and UC boundaries and the glycol circulation rate to an
138 would be located outside the the vapor collection and redirect system
optimum level reduces gas losses, a can be directed back into the system for
boundaries. recovery credit is also associated with reprocessing with the hydrocarbon
Secondary environmental impacts are this requirement. Although we believe a condensate or, if separated, combined
considered to be any air, water, or solid minority of sources will have to install with the produced water for disposal for
waste impacts, positive or negative, a new pump to meet the management reinjection.
associated with the implementation of practice requirements, costs were The best management practice of
the final standards. These impacts are estimated by assuming that 50 percent optimizing the glycol circulation rate
exclusive of the direct organic HAP air of the 2,172 sources would have to would result in lower quantities of
emissions reductions discussed in the install a new pump while the other 50 water being absorbed into the glycol and
previous section. percent could lower the circulation rate sent to the glycol dehydration unit.
The capture and control of benzene sufficiently by making adjustments on Therefore, we expect the adverse
that is presently emitted from area the existing pump. water impacts from the implementation
source TEG dehydration units will The estimated annual costs shown in of the emissions reduction options for
result in a decrease in volatile organic Table 2 of this preamble include the the final area source standards to be
compound (VOC) emissions as well. capital cost; operating and maintenance minimal.
The estimated total VOC emissions costs; the cost of monitoring, inspection, We do not anticipate any adverse
reductions are 14,550 Mg/yr (16,000 recordkeeping, and reporting; and any solid waste impacts from the
associated product recovery credits. implementation of the area source
tpy) from existing sources.
standards.
Other secondary environmental C. What are the Economic Impacts? Energy impacts are those energy
impacts are those associated with the For the 1998 proposal, we prepared requirements associated with the
operation of certain air emission control an economic impact analysis evaluating operation of emission control devices.
devices (i.e., flares). The adverse the impacts of the rule on affected There would be no national energy
secondary air impacts would be producers, consumers, and society. The demand increase from the operation of
minimal in comparison to the primary economic analysis focused on the any of the control options analyzed
HAP reduction benefits from regulatory effects on the United States under the final oil and natural gas
implementing the final control natural gas market that is modeled as a production standards for area sources.
requirements for area sources. We national, perfectly competitive market The final area source standards
estimate that the national annual for a homogenous commodity. encourage the use of emission controls
increase of secondary air pollutant The results of the analysis showed that recover hydrocarbon products, such
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emissions resulting from the use of a that the imposition of regulatory costs as methane and condensate that can be
flare to comply with the final standards on the natural gas market would result used on-site as fuel or reprocessed,
is less than 1 Mg/yr for sulfur oxides, 1 in negligible changes in natural gas within the production process, for sale.
Mg/yr for carbon monoxide, and 1 Mg/ prices, output, employment, foreign There are no energy requirements
yr for nitrogen oxides. trade, and business closures. The price associated with the management
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34 Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Rules and Regulations
practices within this final rule. Thus, 40 CFR part 63, and with the 5-year that the rule will not have a significant
the final standards have a positive records retention requirement in the economic impact on a substantial
impact associated with the recovery of operating permit program under title V number of small entities. Small entities
non-renewable energy resources. of the CAA. All subsequent guidelines include small businesses, small
have been followed and do not violate organizations, and small governmental
VI. Statutory and Executive Order any of the Paperwork Reduction Act jurisdictions.
Reviews guidelines contained in 5 CFR 1320.6. For purposes of assessing the impacts
A. Executive Order 12866: Regulatory The annual projected burden for this of today’s rule on small entities, small
Planning and Review information collection to owners and entity is defined as: (1) A small business
operators of affected sources subject to with 500 employees or less (as defined
Under Executive Order 12866 (58 FR the emissions reduction requirements in
51735, October 4, 1993), this action is a by the Small Business Administration’s
this final rule (averaged over the first 3 (SBA) regulations at 13 CFR 121.201; (2)
‘‘significant regulatory action.’’ This years after the effective date of the
action meets criteria 3(f)(4) of Executive a small governmental jurisdiction that is
promulgated rule) is estimated to be a government of a city, county, town,
Order 12866, ‘‘raise novel legal or policy 28,000 labor-hours per year, with a total
issues arising out of legal mandates, the school district or special district with a
annual cost of $1.6 million per year. population of less than 50,000; and (3)
President’s priorities, or the principles These estimates include a one-time
set forth in the Executive Order.’’ a small organization that is any not-for-
performance test and report (with repeat profit enterprise which is independently
Accordingly, EPA submitted this action tests where needed), preparation of a
to the Office of Management and Budget owned and operated and is not
startup, shutdown, and malfunction dominant in its field.
(OMB) for review under Executive plan, immediate reports for any event
Order 12866 and any changes made in After considering the economic
when the procedures in the plan were impacts of today’s final rule on small
response to OMB recommendations not followed, annual compliance
have been documented in the docket for entities, EPA has concluded that this
reports, maintenance inspections, action will not have a significant
this action. notifications, and recordkeeping. economic impact on a substantial
B. Paperwork Reduction Act Burden means the total time, effort, or
number of small entities. This final rule
financial resources expended by persons
The information collection requires emission reductions (either by
to generate, maintain, retain, or disclose
requirements in this rule have been or provide information to or for a installing a control device or by
submitted for approval to OMB under Federal agency. This includes the time implementing management practices) at
the Paperwork Reduction Act, 44 U.S.C. needed to review instructions; develop, facilities that operate a TEG dehydration
3501, et seq. The information collection acquire, install, and utilize technology unit with an average annual natural gas
requirements are not enforceable until and systems for the purposes of throughput at or above 85 thousand m3/
OMB approves them. collecting, validating, and verifying day (3 MMSCF/D) and benzene
The information to be collected for information, processing and emissions at or above 0.90 Mg/yr (1.0
the area source provisions of the Oil and maintaining information, and disclosing tpy). This final rule provides that GACT
Natural Gas Production NESHAP are and providing information; adjust the is no control for sources with natural
based on notification, recordkeeping, existing ways to comply with any gas flow below 85 thousand m3/day (3
and reporting requirements in the previously applicable instructions and MMSCF/D) or with benzene emissions
NESHAP General Provisions in 40 CFR requirements; train personnel to be able below 0.90 Mg/yr (1.0 tpy) of benzene.
part 63, subpart A, which are mandatory to respond to a collection of Accordingly, we estimated that 2,222 of
for all operators subject to national information; search data sources; the 38,000 sources would be subject to
emission standards. These complete and review the collection of the emission reduction requirements.
recordkeeping and reporting information; and transmit or otherwise We performed an economic impact
requirements are specifically authorized disclose the information. analysis to estimate the changes in
by section 114 of the CAA (42 U.S.C. An agency may not conduct or product price and production quantities
7414). All information submitted to the sponsor, and a person is not required to due to this final rule. Because sales and
EPA pursuant to the recordkeeping and respond to a collection of information revenues data were not readily available
reporting requirements for which a unless it displays a currently valid OMB for the affected industries, we began our
claim of confidentiality is made is control number. The OMB control analysis by examining the annual cost of
safeguarded according to EPA policies numbers for EPA’s regulations in 40 meeting the emissions reduction
set forth in 40 CFR part 2, subpart B. CFR are listed in 40 CFR part 9. When requirements. Since the maximum cost
This final rule requires maintenance this Information Collection Request is incurred by a source subject to this final
inspections of the control devices but approved by OMB, the Agency will rule occurs when installing add-on
does not require any notifications or publish a technical amendment to 40 controls, we are basing our analysis on
reports beyond those required by the CFR part 9 in the Federal Register to that compliance approach. The annual
applicable General Provisions in subpart display the OMB control number for the per unit cost of compliance with this
A to 40 CFR part 63. The recordkeeping approved information collection final rule would be $17,657. The
requirements require only the specific requirements contained in this final throughput cost for natural gas has
information needed to determine rule. experienced significant volatility within
compliance. the past several years, making a point
The Oil and Natural Gas Production C. Regulatory Flexibility Act estimate difficult to identify. The
NESHAP requires that facility owners or The Regulatory Flexibility Act (RFA) wellhead natural gas price, from the
operators retain records for a period of generally requires an agency to prepare Department of Energy, averaged $4.00
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5 years, which exceeds the 3-year a regulatory flexibility analysis of any per thousand cubic feet from 2001 to
retention period contained in the rule subject to notice and comment 2003. In order to be conservative for this
guidelines in 5 CFR 1320.6. The 5-year rulemaking requirements under the analysis, we assumed a natural gas price
retention period is consistent with the Administrative Procedure Act or any of $88.29 per thousand cubic meters
provisions of the General Provisions of other statute unless the agency certifies ($2.50 per thousand cubic feet).
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Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Rules and Regulations 35
One frequently used approach for 205 do not apply when they are Executive Order 13132. Thus, Executive
determining whether or not a rule inconsistent with applicable law. Order 13132 does not apply to this rule.
would have a significant impact on a Moreover, section 205 allows EPA to
F. Executive Order 13175: Consultation
small entity is to compare annualized adopt an alternative other than the least
and Coordination With Indian Tribal
control cost with annualized revenue costly, most cost-effective, or least
Governments
from sales. Typically, costs less than 1 burdensome alternative if the
percent of revenues are not considered Administrator publishes with this final Executive Order 13175, entitled
as imposing a significant impact. In the rule an explanation why that alternative ‘‘Consultation and Coordination with
present case, the annual per-unit cost of was not adopted. Before EPA establishes Indian Tribal Governments’’ (65 FR
compliance is estimated to be $17,657. any regulatory requirements that may 67249, November 9, 2000), requires EPA
Using the aforementioned 1 percent significantly or uniquely affect small to develop an accountable process to
criterion for significant impact, annual governments, including tribal ensure ‘‘meaningful and timely input by
revenues would have to be less than governments, it must have developed tribal officials in the development of
$1,765,700 in order for significant under section 203 of the UMRA a small regulatory policies that have tribal
impact to occur. At $88.29 per thousand government agency plan. The plan must implications.’’ This final rule does not
cubic meters ($2.50 per thousand cubic provide for notifying potentially have tribal implications, as specified in
feet) of throughput, that revenue affected small governments, enabling Executive Order 13175.
translates to 19,999 thousand cubic officials of affected small governments This final rule does not significantly
meters per year (706,280 thousand cubic to have meaningful and timely input in or uniquely affect the communities of
feet per year) throughput, or 54.8 the development of EPA regulatory Indian tribal governments. We do not
thousand m3/day (1.94 MMSCF/D). proposals with significant Federal know of any area source TEG
Since the cutoff for installation of intergovernmental mandates, and dehydration units owned or operated by
emissions controls for this final rule is informing, educating, and advising Indian tribal governments. However, if
85 thousand m3/day (3 MMSCF/D), we small governments on compliance with there are any, the effect of this final rule
determined the annual cost of control the regulatory requirements. on communities of tribal governments
for those entities affected by this final EPA has determined that this rule would not be unique or
rule is not sufficient to generate a does not contain a Federal mandate that disproportionate to the effect on other
significant impact on a substantial may result in expenditures of $100 communities. Thus, Executive Order
number of small entities. million or more for State, local, and 13175 does not apply to this final rule.
Although this final rule will not have tribal governments, in the aggregate, or
G. Executive Order 13045: Protection of
a significant economic impact on a the private sector in any 1 year. The
Children From Environmental Health
substantial number of small entities, we maximum total annual cost of this final
Risks and Safety Risks
nonetheless have tried to reduce the rule for any 1 year has been estimated
impact of this rule on small entities. to be less than $2.5 million. Thus, Executive Order 13045: ‘‘Protection of
Where periodic reporting is required, today’s rule is not subject to the Children from Environmental health
we are requiring annual reporting in this requirements of sections 202 and 205 of Risks and Safety Risks’’ (62 FR 19885,
rule, as opposed to semi-annual the UMRA. In addition, the rule does April 23, 1997) applies to any rule that:
reporting that is required in the major not significantly or uniquely affect small (1) Is determined to be ‘‘economically
source NESHAP for this category. In governments because it does not contain significant’’ as defined under Executive
addition, our subcategorization, as any requirements applicable to such Order 12866, and (2) concerns an
described above, should reduce the governments or impose obligations environmental health or safety risk that
number of small entities impacted and upon them. Therefore, today’s rule is EPA has reason to believe may have a
the extent of the impact. not subject to section 203 of the UMRA. disproportionate effect on children. If
the regulatory action meets both criteria,
D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism
the Agency must evaluate the
Title II of the Unfunded Mandates Executive Order 13132, entitled environmental health or safety effects of
Reform Act of 1995 (UMRA), Public ‘‘Federalism’’ (64 FR 43255, August 10, the planned rule on children, and
Law 104–4, establishes requirements for 1999), requires EPA to develop an explain why the planned regulation is
Federal agencies to assess the effects of accountable process to ensure preferable to other potentially effective
their regulatory actions on State, local, ‘‘meaningful and timely input by State and reasonably feasible alternatives
and tribal governments and the private and local officials in the development of considered by the Agency.
sector. Under section 202 of the UMRA, regulatory policies that have federalism EPA interprets Executive Order 13045
EPA generally must prepare a written implications.’’ ‘‘Policies that have as applying only to those regulatory
statement, including a cost-benefit federalism implications’’ is defined in actions that are based on health or safety
analysis, for proposed and final rules the Executive Order to include risks, such that the analysis required
with ‘‘Federal mandates’’ that may regulations that have ‘‘substantial direct under section 5–501 of the Order has
result in expenditures to State, local, effects on the States, on the relationship the potential to influence the regulation.
and tribal governments, in the aggregate, between the national government and This final rule is not subject to
or to the private sector, of $100 million the States, or on the distribution of Executive Order 13045 because it is
or more in any 1 year. Before power and responsibilities among the based on technology performance and
promulgating an EPA rule for which a various levels of government.’’ not on health or safety risks.
written statement is needed, section 205 This final rule does not have
of the UMRA generally requires EPA to federalism implications. It will not have H. Executive Order 13211: Actions
identify and consider a reasonable substantial direct effects on the States, Concerning Regulations That
Significantly Affect Energy Supply,
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number of regulatory alternatives and on the relationship between the national
adopt the least costly, most cost- government and the States, or on the Distribution, or Use
effective, or least burdensome distribution of power and This rule is not a ‘‘significant energy
alternative that achieves the objectives responsibilities among the various action’’ as defined in Executive Order
of the rule. The provisions of section levels of government, as specified in 13211, ‘‘Actions Concerning Regulations
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36 Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Rules and Regulations
That Significantly Affect Energy Supply, D6420–99 (2004), and (2) the target Dated: December 21, 2006.
Distribution, or Use’’ (66 FR 28355, May concentration is between 150 parts per Stephen L. Johnson,
22, 2001) because it is not likely to have billion by volume and 100 ppmv. For Administrator.
a significant adverse effect on the target compound(s) not listed in Section I For the reasons set forth in the
supply, distribution, or use of energy. 1.1 of ASTM D6420–99 (2004), but preamble, title 40, chapter I, part 63 of
Further, we have concluded that this potentially detected by mass the Code of Federal Regulations is
rule is not likely to have any adverse spectrometry, this final rule specifies amended as follows:
energy effects. that the additional system continuing
I. National Technology Transfer and calibration check after each run, as PART 63—[AMENDED]
Advancement Act detailed in Section 10.5.3 of the ASTM I 1. The authority citation for part 63
As noted in the proposed rule, method, must be followed, met, continues to read as follows:
Section 12(d) of the National documented, and submitted with the
Authority: 42 U.S.C. 7401 et seq.
Technology Transfer and Advancement data report even if there is no moisture
Act of 1995 (NTTAA), Public Law 104– condenser used or the compound is not Subpart A—[Amended]
113, 12(d) (15 U.S.C. 272 note) directs considered water soluble. For target
EPA to use voluntary consensus compound(s) not listed in Section 1.1 of I 2. Section 63.14 is amended by
standards (VCS) in its regulatory ASTM D6420–99 (2004), and not revising paragraph (b)(28) to read as
activities unless to do so would be amenable to detection by mass follows:
inconsistent with applicable law or spectrometry, ASTM D6420–99 (2004) § 63.14 Incorporations by reference.
otherwise impractical. VCS are does not apply.
technical standards (e.g., materials * * * * *
As a result, EPA will allow ASTM (b) * * *
specifications, test methods, sampling
D6420–99 (2004) for use with this final (28) ASTM D6420–99 (Reapproved
procedures, and business practices) that
are developed or adopted by VCS rule. The EPA will also allow Method 2004), Standard Test Method for
bodies. The NTTAA directs EPA to 18 as an option in addition to ASTM Determination of Gaseous Organic
provide Congress, through OMB, D6420–99 (2004). This will allow the Compounds by Direct Interface Gas
explanations when the Agency decides continued use of GC configurations Chromatography-Mass Spectometry, IBR
not to use available and applicable VCS. other than GC/MS. Under 40 CFR 63.7(f) approved for §§ 63.772(a)(1)(ii),
This action does not involve technical and 40 CFR 63.8(f), subpart A of the 63.2354(b)(3)(i), 63.2354(b)(3)(ii),
standards. Therefore, EPA did not General Provisions, a source may apply 63.2354(b)(3)(ii)(A), and
consider the use of any VCS. However, to EPA for permission to use alternative 63.2351(b)(3)(ii)(B).
we would like to note that the draft test methods or alternative monitoring * * * * *
standard ASTM Z7420Z, which was requirements in place of any of the EPA
cited in the final Oil and Natural Gas testing methods, performance Subpart HH—[Amended]
Production NESHAP (64 FR 32609– specifications, or procedures.
32664, June 17, 1999) as a potentially I 3. Section 63.760 is amended as
practical method to use in lieu of EPA J. Congressional Review Act follows:
I a. By revising paragraph (a)(1)
Method 18, has now been finalized by
The Congressional Review Act, 5 introductory text;
ASTM and approved by EPA for use in
U.S.C. 801, et seq., as added by the I b. By revising paragraph (b);
rules where Method 18 is cited. This
Small Business Regulatory Enforcement I c. By revising paragraph (e)(2);
new standard is ASTM D6420–99
Fairness Act of 1996, generally provides I d. By revising paragraph (f)
(2004), Standard Test Method for
that before a rule may take effect, the introductory text;
Determination of Gaseous Organic I e. By revising the first sentences in
Compounds by Direct Interface Gas agency promulgating the rule must
submit a rule report, which includes a paragraphs (f)(1) and (f)(2);
Chromatography-Mass Spectrometry, I f. By adding paragraphs (f)(3) through
and it is appropriate for inclusion in copy of the rule, to each House of the
(6);
this final rule in addition to EPA Congress and to the Comptroller General I g. By revising paragraph (g)
Method 18, codified at 40 CFR part 60, of the United States. EPA will submit a introductory text; and
appendix A, for measurement of total report containing this rule and other I h. By adding a sentence at the end of
organic carbon, total HAP, total volatile required information to the United paragraph (h).
HAP, and benzene. States Senate, the United States House
Similar to EPA’s performance-based of Representatives, and the Comptroller § 63.760 Applicability and designation of
Method 18, ASTM D6420–99 (2004) is General of the United States prior to affected source.
also a performance-based method for publication of the rule in the Federal (a) * * *
measurement of total gaseous organic Register. A major rule cannot take effect (1) Facilities that are major or area
compounds. However, ASTM D6420–99 until 60 days after it is published in the sources of hazardous air pollutants
(2004) was written to support the Federal Register. This action is not a (HAP) as defined in § 63.761. Emissions
specific use of highly portable and for major source determination purposes
‘‘major rule’’ as defined by 5 U.S.C.
automated gas chromatographs/mass can be estimated using the maximum
804(2). This rule will be effective
spectrometers (GC/MS). While offering natural gas or hydrocarbon liquid
January 3, 2007.
advantages over the traditional Method throughput, as appropriate, calculated
18, the ASTM method does allow some List of Subjects in 40 CFR Part 63 in paragraphs (a)(1)(i) through (iii) of
less stringent criteria for accepting GC/ this section. As an alternative to
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MS results than required by Method 18. Environmental protection, Air calculating the maximum natural gas or
Therefore, ASTM D6420–99 (2004) is a pollution control, Hazardous hydrocarbon liquid throughput, the
suitable alternative to Method 18 only substances, Incorporation by reference, owner or operator of a new or existing
where: (1) The target compound(s) are Reporting and recordkeeping source may use the facility’s design
those listed in Section 1.1 of ASTM requirements. maximum natural gas or hydrocarbon
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Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Rules and Regulations 37
liquid throughput to estimate the subpart by the dates specified in UC boundary, as defined in § 63.761, the
maximum potential emissions. Other paragraphs (f)(1) and (f)(2) of this compliance date is January 5, 2009.
means to determine the facility’s major section. The owner or operator of an (6) The owner or operator of an
source status are allowed, provided the affected area source shall achieve affected area source that is not located
information is documented and compliance with the provisions of this in an Urban-1 county, as defined in
recorded to the Administrator’s subpart by the dates specified in § 63.761, the construction or
satisfaction. A facility that is paragraphs (f)(3) through (f)(6) of this reconstruction of which commences on
determined to be an area source, but section. or after July 8, 2005, shall achieve
subsequently increases its emissions or (1) The owner or operator of an compliance with the provisions of this
its potential to emit above the major affected major source, the construction subpart immediately upon initial
source levels (without first obtaining or reconstruction of which commenced startup or January 3, 2007, whichever
and complying with other limitations before February 6, 1998, shall achieve date is later.
that keep its potential to emit HAP compliance with the applicable * * * * *
below major source levels), and provisions of this subpart no later than
becomes a major source, must comply June 17, 2002, except as provided for in (g) The following provides owners or
thereafter with all provisions of this § 63.6(i). * * * operators of an affected source at a
subpart applicable to a major source (2) The owner or operator of an major source with information on
starting on the applicable compliance affected major source, the construction overlap of this subpart with other
date specified in paragraph (f) of this or reconstruction of which commences regulations for equipment leaks. The
section. Nothing in this paragraph is on or after February 6, 1998, shall owner or operator of an affected source
intended to preclude a source from achieve compliance with the applicable at a major source shall document that
limiting its potential to emit through provisions of this subpart immediately they are complying with other
other appropriate mechanisms that may upon initial startup or June 17, 1999, regulations by keeping the records
be available through the permitting whichever date is later.* * * specified in § 63.774(b)(9).
authority. (3) The owner or operator of an * * * * *
* * * * * affected area source, located in an (h) * * * Unless otherwise required
(b) The affected sources for major Urban-1 county, as defined in § 63.761, by law, the owner or operator of an area
sources are listed in paragraph (b)(1) of the construction or reconstruction of source subject to the provisions of this
this section and for area sources in which commences before February 6, subpart is exempt from the permitting
paragraph (b)(2) of this section. 1998, shall achieve compliance with the requirements established by 40 CFR part
(1) For major sources, the affected provisions of this subpart no later than 70 or 40 CFR part 71.
source shall comprise each emission the dates specified in paragraphs (f)(3)(i) I 4. Section 63.761 is amended by
point located at a facility that meets the or (ii) of this section, except as provided adding, in alphabetical order, the
criteria specified in paragraph (a) of this for in § 63.6(i). definitions of ‘‘UA plus offset and UC,’’
section and listed in paragraphs (b)(1)(i) (i) If the affected area source is located ‘‘Urban-1 County,’’ ‘‘urbanized area,’’
through (b)(1)(iv) of this section. within any UA plus offset and UC and ‘‘urban cluster’’ to read as follows:
(i) Each glycol dehydration unit; boundary, as defined in § 63.761, the
(ii) Each storage vessel with the compliance date is January 4, 2010. § 63.761 Definitions.
potential for flash emissions; (ii) If the affected area source is not * * * * *
(iii) The group of all ancillary located within any UA plus offset and UA plus offset and UC is defined as
equipment, except compressors, UC boundary, as defined in § 63.761, the the area occupied by each urbanized
intended to operate in volatile compliance date is January 5, 2009. area, each urban cluster that contains at
hazardous air pollutant service (as (4) The owner or operator of an least 10,000 people, and the area located
defined in § 63.761), which are located affected area source, located in an two miles or less from each urbanized
at natural gas processing plants; and Urban-1 county, as defined in § 63.761, area boundary.
(iv) Compressors intended to operate the construction or reconstruction of
in volatile hazardous air pollutant which commences on or after February Urban-1 County is defined as a county
service (as defined in § 63.761), which 6, 1998, shall achieve compliance with that contains a part of a Metropolitan
are located at natural gas processing the provisions of this subpart Statistical Area with a population
plants. immediately upon initial startup or greater than 250,000, based on the
(2) For area sources, the affected January 3, 2007, whichever date is later. Office of Management and Budget’s
source includes each triethylene glycol (5) The owner or operator of an Standards for defining Metropolitan and
(TEG) dehydration unit located at a affected area source that is not located Micropolitan Statistical Areas
facility that meets the criteria specified in an Urban-1 county, as defined in (December 27, 2000), and Census 2000
in paragraph (a) of this section. § 63.761, the construction or Data released by the U.S. Census
reconstruction of which commences Bureau.
* * * * *
(e) * * * before July 8, 2005, shall achieve Urbanized area refers to Census 2000
(2) A major source facility, prior to the compliance with the provisions of this Urbanized Area, which is defined in the
point of custody transfer, with a facility- subpart no later than the dates specified Urban Area Criteria for Census 2000
wide actual annual average natural gas in paragraphs (f)(5)(i) or (ii) of this (March 15, 2002). Essentially, an
throughput less than 18.4 thousand section, except as provided for in urbanized area consists of densely
standard cubic meters per day and a § 3.6(i). settled territory with a population of at
facility-wide actual annual average (i) If the affected area source is located least 50,000 people.
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hydrocarbon liquid throughput less than within any UA plus offset and UC Urban cluster refers to a Census 2000
39,700 liters per day. boundary, as defined in § 63.761, the Urban Cluster, which is defined in the
(f) The owner or operator of an compliance date is January 4, 2010. Urban Area Criteria for Census 2000
affected major source shall achieve (ii) If the affected area source is not (March 15, 2002). Essentially, an urban
compliance with the provisions of this located within any UA plus offset and cluster consists of densely settled
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38 Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Rules and Regulations
territory with at least 2,500 people but circulation rate determined in I e. By revising the first and second
fewer than 50,000 people. accordance with paragraph (d)(2)(i) of sentences of paragraph (e)(3)(iv)
* * * * * this section. If the TEG dehydration unit introductory text.
I 5. Section 63.762 is amended by is unable to meet the sales gas
specification for moisture content using § 63.772 Test methods, compliance
revising paragraph (e) to read as follows: procedures, and compliance
the glycol circulation rate determined in demonstrations.
§ 63.762 Startups, shutdowns, and accordance with paragraph (d)(2)(i), the
malfunctions. (a) * * *
owner or operator must calculate an
(1) For a piece of ancillary equipment
* * * * * alternate circulation rate using GRI–
and compressors to be considered not in
(e) Owners or operators are not GLYCalcTM, Version 3.0 or higher. The
VHAP service, it must be determined
required to prepare a startup, shutdown, owner or operator must document why
that the percent VHAP content can be
and malfunction plan for any facility the TEG dehydration unit must be
reasonably expected never to exceed
where all of the affected sources meet operated using the alternate circulation
10.0 percent by weight. For the
the exemption criteria specified in rate and submit this documentation
purposes of determining the percent
§ 63.764(e), or for any facility that is not with the initial notification in
VHAP content of the process fluid that
located within a UA plus offset and UC accordance with § 63.775(c)(7).
is contained in or contacts a piece of
boundary. (iii) Maintain a record of the ancillary equipment or compressor, you
I 6. Section 63.764 is amended by determination specified in paragraph shall use the method in either paragraph
adding paragraph (d) and by revising (d)(2)(ii) in accordance with the (a)(1)(i) or paragraph (a)(1)(ii) of this
paragraph (e)(1) introductory text to requirements in § 63.774(f) and submit section.
read as follows: the Initial Notification in accordance (i) Method 18 of 40 CFR part 60,
with the requirements in § 63.775(c)(7). appendix A, or
§ 63.764 General standards.
If operating conditions change and a (ii) ASTM D6420–99 (2004), Standard
* * * * * modification to the optimum glycol
(d) Except as specified in paragraph Test Method for Determination of
circulation rate is required, the owner or Gaseous Organic Compounds by Direct
(e)(1) of this section, the owner or operator shall prepare a new
operator of an affected source located at Interface Gas Chromatography-Mass
determination in accordance with Spectrometry (incorporated by
an existing or new area source of HAP paragraph (d)(2)(i) or (ii) of this section
emissions shall comply with the reference—see § 63.14), provided that
and submit the information specified the provisions of paragraphs (a)(1)(ii)(A)
applicable standards specified in under § 63.775(c)(7)(ii) through (v).
paragraph (d) of this section. through (D) of this section are followed:
(e) * * * (A) The target compound(s) are those
(1) Each owner or operator of an area
(1) The owner or operator is exempt listed in section 1.1 of ASTM D6420–99
source located within an UA plus offset
from the requirements of paragraph (2004);
and UC boundary (as defined in
(c)(1) and (d) of this section if the (B) The target concentration is
§ 63.761) shall comply with the
criteria listed in paragraph (e)(1)(i) or between 150 parts per billion by volume
provisions specified in paragraphs
(ii) of this section are met, except that and 100 parts per million by volume;
(d)(1)(i) through (iii) of this section.
(i) The control requirements for glycol the records of the determination of these (C) For target compound(s) not listed
dehydration unit process vents specified criteria must be maintained as required in Table 1.1 of ASTM D6420–99 (2004),
in § 63.765; in § 63.774(d)(1). but potentially detected by mass
(ii) The monitoring requirements * * * * * spectrometry, the additional system
specified in § 63.773; and continuing calibration check after each
I 7. Section 63.765 is amended by
(iii) The recordkeeping and reporting run, as detailed in section 10.5.3 of
revising paragraph (a) to read as follows:
requirements specified in §§ 63.774 and ASTM D6420–99 (2004), is conducted,
63.775. § 63.765 Glycol dehydration unit process met, documented, and submitted with
(2) Each owner or operator of an area vent standards. the data report, even if there is no
source not located in a UA plus offset (a) This section applies to each glycol moisture condenser used or the
and UC boundary (as defined in dehydration unit subject to this subpart compound is not considered water
§ 63.761) shall comply with paragraphs with an actual annual average natural soluble; and
(d)(2)(i) through (iii) of this section. gas flowrate equal to or greater than 85 (D) For target compound(s) not listed
(i) Determine the optimum glycol thousand standard cubic meters per day in Table 1.1 of ASTM D6420–99 (2004),
circulation rate using the following and with actual average benzene glycol and not amenable to detection by mass
equation: dehydration unit process vent emissions spectrometry, ASTM D6420–99 (2004)
equal to or greater than 0.90 megagrams may not be used.
gal TEG F ∗ ( I − O ) per year, that must be controlled for * * * * *
LOPT = 1.15 ∗ 3.0 ∗ HAP emissions as specified in either (b) * * *
lb H 2 O 24 hr/day paragraph (c)(1)(i) or paragraph (d)(1)(i) (2) * * * (ii) The owner or operator
Where: of § 63.764. shall determine an average mass rate of
benzene emissions in kilograms per
LOPT = Optimal circulation rate, gal/hr. * * * * *
F = Gas flowrate (MMSCF/D). hour through direct measurement using
I 8. Section 63.772 is amended as the methods in § 63.772(a)(1)(i) or (ii), or
I = Inlet water content (lb/MMSCF).
O = Outlet water content (lb/MMSCF). follows: an alternative method according to
3.0 = The industry accepted rule of thumb for I a. By revising paragraph (a)(1); § 63.7(f).* * *
a TEG-to water ratio (gal TEG/lb H2O). I b. By revising the first sentence of * * * * *
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1.15 = Adjustment factor included for a paragraph (b)(2)(ii); (e) * * *
margin of safety. I c. By revising paragraph (e)(3)(iii) (3) * * *
(ii) Operate the TEG dehydration unit introductory text; (iii) To determine compliance with
such that the actual glycol circulation I d. By revising paragraph the control device percent reduction
ER02JA07.001
rate does not exceed the optimum glycol (e)(3)(iii)(B)(2); and performance requirement in
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Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Rules and Regulations 39
§ 63.771(d)(1)(i)(A), (d)(1)(ii), and record of the calculation used to (6) Startup, shutdown, and
(e)(3)(ii), the owner or operator shall use determine the optimum glycol malfunction reports specified in
one of the following methods: Method circulation rate in accordance with § 63.10(d)(5). Separate startup,
18, 40 CFR part 60, appendix A; Method § 63.764(d)(2)(i) or § 63.764(d)(2)(ii), as shutdown, and malfunction reports as
25A, 40 CFR part 60, appendix A; applicable. described in § 63.10(d)(5) are not
ASTM D6420–99 (2004), as specified in I 10. Section 63.775 is amended as required if the information is included
§ 63.772(a)(1)(ii); or any other method or follows: in the Periodic Report specified in
data that have been validated according I a. By adding paragraph (c); paragraph (e) of this section.
to the applicable procedures in Method I b. By revising paragraph (e) (7) The information listed in
301, 40 CFR part 63, appendix A. The introductory text; and paragraphs (c)(1)(i) through (v) of this
following procedures shall be used to I c. By adding paragraph (e)(3). section. This information shall be
calculate percent reduction efficiency: § 63.775 Reporting requirements. submitted with the initial notification.
* * * * * (i) Documentation of the source’s
* * * * * location relative to the nearest UA plus
(B) * * * (c) Except as provided in paragraph
(2) When the TOC mass rate is offset and UC boundaries. This
(c)(8), each owner or operator of an area information shall include the latitude
calculated, all organic compounds
source subject to this subpart shall and longitude of the affected source;
(minus methane and ethane) measured
submit the information listed in whether the source is located in an
by Method 18, 40 CFR part 60, appendix
paragraph (c)(1) of this section. If the urban cluster with 10,000 people or
A, or Method 25A, 40 CFR part 60,
source is located within a UA plus offset more; the distance in miles to the
appendix A, or ASTM D6420–99 (2004)
and UC boundary, the owner or operator nearest urbanized area boundary if the
as specified in § 63.772(a)(1)(ii), shall be
shall also submit the information listed source is not located in an urban cluster
summed using the equations in
in paragraphs (c)(2) through (6) of this with 10,000 people or more; and the
paragraph (e)(3)(iii)(B)(1) of this section.
section. If the source is not located names of the nearest urban cluster with
* * * * * within any UA plus offset and UC
(iv) To determine compliance with 10,000 people or more and nearest
boundaries, the owner or operator shall urbanized area.
the enclosed combustion device total also submit the information listed
HAP concentration limit specified in (ii) Calculation of the optimum glycol
within paragraph (c)(7). circulation rate determined in
§ 63.771(d)(1)(i)(B), the owner or (1) The initial notifications required
operator shall use one of the following accordance with § 63.764(d)(2)(i).
under § 63.9(b)(2) not later than January
methods to measure either TOC (minus (iii) If applicable, documentation of
3, 2008. In addition to submitting your
methane and ethane) or total HAP: the alternate glycol circulation rate
initial notification to the addressees
Method 18, 40 CFR part 60, appendix A; calculated using GRI-GLYCalcTM,
specified under § 63.9(a), you must also
Method 25A, 40 CFR part 60, appendix Version 3.0 or higher and
submit a copy of the initial notification
A; ASTM D6420–99 (2004), as specified documentation stating why the TEG
to EPA’s Office of Air Quality Planning
in § 63.772(a)(1)(ii), or any other method dehydration unit must operate using the
and Standards. Send your notification
or data that have been validated alternate glycol circulation rate.
via e-mail to CCG–ONG@EPA.GOV or (iv) The name of the manufacturer
according to Method 301 of appendix A via U.S. mail or other mail delivery
of this part.* * * and the model number of the glycol
service to U.S. EPA, Sector Policies and circulation pump(s) in operation.
* * * * * Programs Division/Coatings and (v) Statement by a responsible official,
I 9. Section 63.774 is amended as Chemicals Group (E143–01), Attn: Oil with that official’s name, title, and
follows: and Gas Project Leader, Research signature, certifying that the facility will
I a. By revising paragraph (b) Triangle Park, NC 27711. always operate the glycol dehydration
introductory text; (2) The date of the performance
unit using the optimum circulation rate
I b. By revising paragraph (d)(1) evaluation as specified in § 63.8(e)(2) if
determined in accordance with
introductory text; and an owner or operator is required by the
I c. By adding paragraph (f).
§ 63.764(d)(2)(i) or § 63.764(d)(2)(ii), as
Administrator to conduct a performance
applicable.
evaluation for a continuous monitoring
§ 63.774 Recordkeeping requirements. (8) An owner or operator of a TEG
system.
* * * * * dehydration unit located at an area
(3) The planned date of a performance
(b) Except as specified in paragraphs source that meets the criteria in
test at least 60 days before the test in
(c), (d), and (f) of this section, each § 63.764(e)(1)(i) or § 63.764(e)(1)(ii) is
accordance with § 63.7(b). Unless
owner or operator of a facility subject to exempt from the reporting requirements
requested by the Administrator, a site-
this subpart shall maintain the records for area sources in paragraphs (c)(1)
specific test plan is not required by this
specified in paragraphs (b)(1) through through (7) of this section, for that unit.
subpart. If requested by the
(11) of this section: Administrator, the owner or operator * * * * *
* * * * * must submit the site-specific test plan (e) Periodic Reports. An owner or
(d)(1) An owner or operator of a glycol required by § 63.7(c) with the operator of a major source shall prepare
dehydration unit that meets the notification of the performance test. A Periodic Reports in accordance with
exemption criteria in § 63.764(e)(1)(i) or separate notification of the performance paragraphs (e) (1) and (2) of this section
§ 63.764(e)(1)(ii) shall maintain the test is not required if it is included in and submit them to the Administrator.
records specified in paragraph (d)(1)(i) the initial notification submitted in An owner or operator of an area source
or paragraph (d)(1)(ii) of this section, as accordance with paragraph (c)(1) of this shall prepare Periodic Reports in
appropriate, for that glycol dehydration section. accordance with paragraph (e)(3) of this
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unit. (4) A Notification of Compliance section and submit them to the
* * * * * Status as described in paragraph (d) of Administrator.
(f) The owner or operator of an area this section; * * * * *
source not located within a UA plus (5) Periodic reports as described in (3) An owner or operator of an area
offset and UC boundary must keep a paragraph (e)(3) of this section; and source located inside a UA plus offset
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40 Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Rules and Regulations
and UC boundary shall prepare and shall be submitted within 30 days after I 11. In the Appendix to Subpart HH of
submit Periodic Reports in accordance the end of the reporting period. Part 63, revise Table 2 to read as
with paragraphs (e)(3)(i) through (iii) of (ii) Subsequent reporting periods follows:
this section. begin every January 1 and end on
December 31. Subsequent reports shall Appendix to Subpart HH of Part 63—
(i) Periodic reports must be submitted Tables
be submitted within 30 days following
on an annual basis. The first reporting the end of the reporting period.
period shall cover the period beginning * * * * *
(iii) The periodic reports must contain
on the date the Notification of the information included in paragraph
Compliance Status Report is due and (e)(2) of this section.
ending on December 31. The report * * * * *
TABLE 2 TO SUBPART HH OF PART 63.—APPLICABILITY OF 40 CFR PART 63 GENERAL PROVISIONS TO SUBPART HH
Applicable to subpart
General provisions reference Explanation
HH
§ 63.1(a)(1) ......................................................... Yes.
§ 63.1(a)(2) ......................................................... Yes.
§ 63.1(a)(3) ......................................................... Yes.
§ 63.1(a)(4) ......................................................... Yes.
§ 63.1(a)(5) ......................................................... No ............................... Section reserved.
§ 63.1(a)(6) ......................................................... Yes.
§ 63.1(a)(7) through (a)(9) .................................. No ............................... Section reserved.
§ 63.1(a)(10) ....................................................... Yes.
§ 63.1(a)(11) ....................................................... Yes.
§ 63.1(a)(12) ....................................................... Yes.
§ 63.1(b)(1) ......................................................... No ............................... Subpart HH specifies applicability.
§ 63.1(b)(2) ......................................................... No ............................... Section reserved.
§ 63.1(b)(3) ......................................................... Yes.
§ 63.1(c)(1) ......................................................... No ............................... Subpart HH specifies applicability.
§ 63.1(c)(2) ......................................................... Yes. Subpart HH exempts area sources from the requirement to obtain a
title V permit unless otherwise required by law as specified in
§ 63.760(h).
§ 63.1(c)(3) and (c)(4) ........................................ No ............................... Section reserved.
§ 63.1(c)(5) ......................................................... Yes.
§ 63.1(d) .............................................................. No ............................... Section reserved.
§ 63.1(e) .............................................................. Yes.
§ 63.2 .................................................................. Yes. Except definition of major source is unique for this source category
and there are additional definitions in subpart HH.
§ 63.3(a) through (c) ........................................... Yes.
§ 63.4(a)(1) through (a)(2) .................................. Yes.
§ 63.4(a)(3) through (a)(5) .................................. No ............................... Section reserved.
§ 63.4(b) .............................................................. Yes.
§ 63.4(c) .............................................................. Yes.
§ 63.5(a)(1) ......................................................... Yes.
§ 63.5(a)(2) ......................................................... Yes.
§ 63.5(b)(1) ......................................................... Yes.
§ 63.5(b)(2) ......................................................... No ............................... Section reserved.
§ 63.5(b)(3) ......................................................... Yes.
§ 63.5(b)(4) ......................................................... Yes.
§ 63.5(b)(5) ......................................................... No ............................... Section Reserved.
§ 63.5(b)(6) ......................................................... Yes.
§ 63.5(c) .............................................................. No ............................... Section reserved.
§ 63.5(d)(1) ......................................................... Yes.
§ 63.5(d)(2) ......................................................... Yes.
§ 63.5(d)(3) ......................................................... Yes.
§ 63.5(d)(4) ......................................................... Yes.
§ 63.5(e) .............................................................. Yes.
§ 63.5(f)(1) .......................................................... Yes.
§ 63.5(f)(2) .......................................................... Yes.
§ 63.6(a) .............................................................. Yes.
§ 63.6(b)(1) ......................................................... Yes.
§ 63.6(b)(2) ......................................................... Yes.
§ 63.6(b)(3) ......................................................... Yes.
§ 63.6(b)(4) ......................................................... Yes.
§ 63.6(b)(5) ......................................................... Yes.
§ 63.6(b)(6) ......................................................... No ............................... Section reserved.
§ 63.6(b)(7) ......................................................... Yes.
§ 63.6(c)(1) ......................................................... Yes.
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§ 63.6(c)(2) ......................................................... Yes.
§ 63.6(c)(3) through (c)(4) .................................. No ............................... Section reserved.
§ 63.6(c)(5) ......................................................... Yes.
§ 63.6(d) .............................................................. No ............................... Section reserved.
§ 63.6(e) .............................................................. Yes.
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Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Rules and Regulations 41
TABLE 2 TO SUBPART HH OF PART 63.—APPLICABILITY OF 40 CFR PART 63 GENERAL PROVISIONS TO SUBPART HH—
Continued
Applicable to subpart
General provisions reference Explanation
HH
§ 63.6(e)(1)(i) ...................................................... No ............................... Except as otherwise specified. Addressed in § 63.762.
§ 63.6(e)(1)(ii) ..................................................... Yes.
§ 63.6(e)(1)(iii) .................................................... Yes.
§ 63.6(e)(2) ......................................................... No ............................... Section reserved.
§ 63.6(e)(3)(i) ...................................................... Yes. Sources exempt under § 63.764(e) and sources located outside UA
plus offset and UC boundaries are not required to develop startup,
shutdown, and malfunction plans as stated in § 63.762(e).
§ 63.6(e)(3)(i)(A) ................................................. No ............................... Except as otherwise specified. Addressed in § 63.762(c).
§ 63.6(e)(3)(i)(B) ................................................. Yes.
§ 63.6(e)(3)(i)(C) ................................................. Yes.
§ 63.6(e)(3)(ii) ..................................................... No ............................... Section reserved.
§ 63.6(e)(3)(iii) through (3)(vi) ............................. Yes.
§ 63.6(e)(3)(vii) ................................................... Yes.
§ 63.6(e)(3)(vii) (A) ............................................. Yes.
§ 63.6(e)(3)(vii) (B) ............................................. Yes .............................. Except that the plan must provide for operation in compliance with
§ 63.762(c).
§ 63.6(e)(3)(viii) through (ix) ............................... Yes.
§ 63.6(f)(1) .......................................................... Yes.
§ 63.6(f)(2) .......................................................... Yes.
§ 63.6(f)(3) .......................................................... Yes.
§ 63.6(g) .............................................................. Yes.
§ 63.6(h) .............................................................. No ............................... Subpart HH does not contain opacity or visible emission standards.
§ 63.6(i)(1) through (i)(14) .................................. Yes.
§ 63.6(i)(15) ........................................................ No ............................... Section reserved.
§ 63.6(i)(16) ........................................................ Yes.
§ 63.6(j) ............................................................... Yes.
§ 63.7(a)(1) ......................................................... Yes.
§ 63.7(a)(2) ......................................................... Yes .............................. But the performance test results must be submitted within 180 days
after the compliance date.
§ 63.7(a)(3) ......................................................... Yes.
§ 63.7(b) .............................................................. Yes.
§ 63.7(c) .............................................................. Yes.
§ 63.7(d) .............................................................. Yes.
§ 63.7(e)(1) ......................................................... Yes.
§ 63.7(e)(2) ......................................................... Yes.
§ 63.7(e)(3) ......................................................... Yes.
§ 63.7(e)(4) ......................................................... Yes.
§ 63.7(f) ............................................................... Yes.
§ 63.7(g) .............................................................. Yes.
§ 63.7(h) .............................................................. Yes.
§ 63.8(a)(1) ......................................................... Yes.
§ 63.8(a)(2) ......................................................... Yes.
§ 63.8(a)(3) ......................................................... No ............................... Section reserved.
§ 63.8(a)(4) ......................................................... Yes.
§ 63.8(b)(1) ......................................................... Yes.
§ 63.8(b)(2) ......................................................... Yes.
§ 63.8(b)(3) ......................................................... Yes.
§ 63.8(c)(1) ......................................................... Yes.
§ 63.8(c)(2) ......................................................... Yes.
§ 63.8(c)(3) ......................................................... Yes.
§ 63.8(c)(4) ......................................................... Yes.
§ 63.8(c)(4)(i) ...................................................... No ............................... Subpart HH does not require continuous opacity monitors.
§ 63.8(c)(4)(ii) ..................................................... Yes.
§ 63.8(c)(5) through (c)(8) .................................. Yes.
§ 63.8(d) .............................................................. Yes.
§ 63.8(e) .............................................................. Yes .............................. Subpart HH does not specifically require continuous emissions mon-
itor performance evaluation, however, the Administrator can re-
quest that one be conducted.
§ 63.8(f)(1) through (f)(5) .................................... Yes.
§ 63.8(f)(6) .......................................................... Yes.
§ 63.8(g) .............................................................. No ............................... Subpart HH specifies continuous monitoring system data reduction
requirements.
§ 63.9(a) .............................................................. Yes.
§ 63.9(b)(1) ......................................................... Yes.
§ 63.9(b)(2) ......................................................... Yes .............................. Existing sources are given 1 year (rather than 120 days) to submit
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this notification. Major and area sources that meet § 63.764(e) do
not have to submit initial notifications.
§ 63.9(b)(3) ......................................................... No ............................... Section reserved.
§ 63.9(b)(4) ......................................................... Yes.
§ 63.9(b)(5) ......................................................... Yes.
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42 Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Rules and Regulations
TABLE 2 TO SUBPART HH OF PART 63.—APPLICABILITY OF 40 CFR PART 63 GENERAL PROVISIONS TO SUBPART HH—
Continued
Applicable to subpart
General provisions reference Explanation
HH
§ 63.9(c) .............................................................. Yes.
§ 63.9(d) .............................................................. Yes.
§ 63.9(e) .............................................................. Yes.
§ 63.9(f) ............................................................... No ............................... Subpart HH does not have opacity or visible emission standards.
§ 63.9(g)(1) ......................................................... Yes.
§ 63.9(g)(2) ......................................................... No ............................... Subpart HH does not have opacity or visible emission standards.
§ 63.9(g)(3) ......................................................... Yes.
§ 63.9(h)(1) through (h)(3) .................................. Yes .............................. Area sources located outside UA plus offset and UC boundaries are
not required to submit notifications of compliance status.
§ 63.9(h)(4) ......................................................... No ............................... Section reserved.
§ 63.9(h)(5) through (h)(6) .................................. Yes.
§ 63.9(i) ............................................................... Yes.
§ 63.9(j) ............................................................... Yes.
§ 63.10(a) ............................................................ Yes.
§ 63.10(b)(1) ....................................................... Yes. § 63.774(b)(1) requires sources to maintain the most recent 12
months of data on site and allows offsite storage for the remaining
4 years of data.
§ 63.10(b)(2) ....................................................... Yes.
§ 63.10(b)(3) ....................................................... Yes .............................. § 63.774(b)(1) requires sources to maintain the most recent 12
months of data on site and allows offsite storage for the remaining
4 years of data.
§ 63.10(c)(1) ....................................................... Yes.
§ 63.10(c)(2) through (c)(4) ................................ No ............................... Sections reserved.
§ 63.10(c)(5) through (c)(8) ................................ Yes.
§ 63.10(c)(9) ....................................................... No ............................... Section reserved.
§ 63.10(c)(10) through(c)(15) ............................. Yes.
§ 63.10(d)(1) ....................................................... Yes.
§ 63.10(d)(2) ....................................................... Yes .............................. Area sources located outside UA plus offset and UC boundaries do
not have to submit performance test reports.
§ 63.10(d)(3) ....................................................... Yes.
§ 63.10(d)(4) ....................................................... Yes.
§ 63.10(d)(5)(i) .................................................... Yes .............................. Subpart HH requires major sources to submit a startup, shutdown,
and malfunction report semi-annually. Area sources located within
UA plus offset and UC boundaries are required to submit startup,
shutdown, and malfunction reports annually. Area sources located
outside UA plus offset and UC boundaries are not required to sub-
mit startup, shutdown, and malfunction reports.
§ 63.10(e)(1) ....................................................... Yes .............................. Area sources located outside UA plus offset and UC boundaries are
not required to submit reports.
§ 63.10(e)(2) ....................................................... Yes .............................. Area sources located outside UA plus offset and UC boundaries are
not required to submit reports.
§ 63.10(e)(3)(i) .................................................... Yes .............................. Subpart HH requires major sources to submit Periodic Reports semi-
annually. Area sources are required to submit Periodic Reports an-
nually. Area sources located outside UA plus offset and UC bound-
aries are not required to submit reports.
§ 63.10(e)(3)(i)(A) ............................................... Yes.
§ 63.10(e)(3)(i)(B) ............................................... Yes.
§ 63.10(e)(3)(i)(C) ............................................... No ............................... Section reserved.
§ 63.10(e)(3)(ii) through (viii) .............................. Yes.
§ 63.10(f) ............................................................. Yes.
§ 63.11(a) and (b) ............................................... Yes.
§ 63.12(a) through (c) ......................................... Yes.
§ 63.13(a) through (c) ......................................... Yes.
§ 63.14(a) and (b) ............................................... Yes.
§ 63.15(a) and (b) ............................................... Yes
§ 63.16 ................................................................ Yes.
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Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Rules and Regulations 43
[FR Doc. E6–22413 Filed 12–29–06; 8:45 am] Texas 75202. For technical information 40 CFR 260.22 (d)(1)–(4) (hereinafter all
BILLING CODE 6560–50–P concerning this notice, contact sectional references are to 40 CFR
Youngmoo Kim, Environmental unless otherwise indicated). In making
Protection Agency Region 6, 1445 Ross the final delisting determination, EPA
ENVIRONMENTAL PROTECTION Avenue, (6PD–C), Dallas, Texas 75202, evaluated the petitioned waste against
AGENCY at (214) 665–6788, or the listing criteria and factors cited in
kim.youngmoo@epa.gov. § 261.11(a)(2) and (a)(3). Based on this
40 CFR Part 261 review, EPA agrees with the petitioner
SUPPLEMENTARY INFORMATION: The
[SW–FRL–8264–7] information in this section is organized that the waste is nonhazardous with
as follows: respect to the original listing criteria. If
Hazardous Waste Management EPA had found, based on this review,
System; Identification and Listing of I. Overview Information that the waste remained hazardous
A. What action is EPA finalizing? based on the factors for which the waste
Hazardous Waste; Final Exclusion B. Why is EPA approving this action?
C. What are the limits of this exclusion? as originally listed, EPA would have
AGENCY: Environmental Protection proposed to deny the petition. EPA
D. How will GM-Arlington manage the
Agency. evaluated the waste with respect to
waste if it is delisted?
ACTION: Final Rule. E. When is the final delisting exclusion other factors or criteria to assess
effective? whether there is a reasonable basis to
SUMMARY: Environmental Protection F. How does this final rule affect states? believe that such additional factors
Agency (EPA) is granting a petition II. Background could cause the waste to be hazardous.
submitted by General Motors A. What is a delisting? EPA considered whether the waste is
Corporation-Arlington Truck Assembly B. What regulations allow facilities to
delist a waste? acutely toxic, the concentration of the
Plant (GM-Arlington) to exclude (or constituents in the waste, their tendency
delist) a wastewater treatment plant C. What information must the generator
supply? to migrate and to bioaccumulate, their
(WWTP) sludge generated by GM- III. EPA’s Evaluation of the Waste persistence in the environment once
Arlington in Arlington, TX from the lists Information and Data released from the waste, plausible and
of hazardous wastes. This final rule A. What waste did GM-Arlington petition specific types of management of the
responds to the petition submitted by EPA to delist? petitioned waste, the quantities of waste
GM-Arlington to delist F019 WWTP B. How much waste did GM-Arlington
propose to delist?
generated, and waste variability. EPA
sludge generated from the facility’s believes that the petitioned waste does
waste water treatment plant. C. How did GM-Arlington sample and
analyze the waste data in this petition? not meet the listing criteria and thus
After careful analysis and use of the IV. Public Comments Received on the should not be a listed waste. EPA’s final
Delisting Risk Assessment Software proposed exclusion decision to delist waste from GM-
(DRAS), EPA has concluded the A. Who submitted comments on the Arlington’s facility is based on the
petitioned waste is not hazardous waste. proposed rule? information submitted in support of this
This exclusion applies to 3,000 cubic B. What were the comments and what are
rule, including descriptions of the
yards per year of the F019 WWTP EPA’s responses to them?
V. Statutory and Executive Order Reviews wastes and analytical data from the
sludge. Accordingly, this final rule Arlington, Texas facility.
excludes the petitioned waste from the I. Overview Information
requirements of hazardous waste C. What are the limits of this exclusion?
regulations under the Resource A. What action is EPA finalizing?
This exclusion applies to the waste
Conservation and Recovery Act (RCRA) After evaluating the petition, EPA described in the petition only if the
when it is disposed in a Subtitle D proposed, on July 19, 2005, to exclude requirements described in 40 CFR Part
Landfill. the waste water treatment plant sludge 261, Appendix IX, Table 1 and the
EFFECTIVE DATE: January 3, 2007. from the lists of hazardous waste under conditions contained herein are
40 CFR 261.31 and 261.32 (see 70 FR satisfied.
ADDRESSES: The public docket for this 41358). EPA is finalizing the decision to
final rule is located at the grant GM-Arlington’s delisting petition D. How will GM-Arlington manage the
Environmental Protection Agency to have its waste water treatment sludge waste if it is delisted?
Region 6, 1445 Ross Avenue, Dallas, managed and disposed as non- The WWTP sludge from GM-
Texas 75202, and is available for hazardous waste provided certain Arlington will be disposed of in a RCRA
viewing in EPA Freedom of Information verification and monitoring conditions Subtitle D landfill.
Act review room on the 7th floor from are met.
9 a.m. to 4 p.m., Monday through E. When is the final delisting exclusion
Friday, excluding Federal holidays. Call B. Why is EPA approving this action? effective?
(214) 665–6444 for appointments. The GM-Arlington’s petition requests a This rule is effective January 3, 2007.
reference number for this docket is ‘‘F– delisting from the F019 waste listing The Hazardous and Solid Waste
05–TXDEL–GM-Arlington.’’. The public under 40 CFR 260.20 and 260.22. GM- Amendments of 1984 amended Section
may copy material from any regulatory Arlington does not believe that the 3010 of RCRA, 42 U.S.C. 6930(b)(1),
docket at no cost for the first 100 pages petitioned waste meets the criteria for allows rules to become effective less
and at a cost of $0.15 per page for which EPA listed it. GM-Arlington also than six months after the rule is
additional copies. believes no additional constituents or published when the regulated
FOR FURTHER INFORMATION CONTACT: Ben factors could cause the waste to be community does not need the six-month
Banipal, Section Chief of the Corrective hazardous. EPA’s review of this petition period to come into compliance. That is
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Action and Waste Minimization included consideration of the original the case here because this rule reduces,
Section, Multimedia Planning and listing criteria and the additional factors rather than increases, the existing
Permitting Division (6PD–C), required by the Hazardous and Solid requirements for persons generating
Environmental Protection Agency Waste Amendments of 1984. See section hazardous waste. This reduction in
Region 6, 1445 Ross Avenue, Dallas, 3001(f) of RCRA, 42 U.S.C. 6921(f), and existing requirements also provides a
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