97-4325. National Emission Standards for Hazardous Air Pollutants: Petroleum Refineries  

  • [Federal Register Volume 62, Number 35 (Friday, February 21, 1997)]
    [Proposed Rules]
    [Pages 7977-7978]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-4325]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Part 63
    [AD-FRL-5691-1]
    RIN 2060-AD94
    
    
    National Emission Standards for Hazardous Air Pollutants: 
    Petroleum Refineries
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Proposed rule.
    
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    SUMMARY: This action proposes to expand and clarify definitions in the 
    ``National Emission Standards for Hazardous Air Pollutants: Petroleum 
    Refineries'', which was issued as a final rule on August 18, 1995. 
    Because the revisions add and clarify definitions, the EPA does not 
    anticipate receiving adverse comments. Consequently the revisions are 
    also being issued as a direct final rule in the final rules section of 
    this Federal Register. If no significant adverse comments are timely 
    received, no further action will be taken with respect to this proposal 
    and the direct final rule will become final on the date provided in 
    that action.
    
    DATES: Comments. Comments must be received on or before March 24, 1997 
    unless a hearing is required by March 10, 1997. If a hearing is 
    requested, written comments must be received by April 22, 1997. If a 
    hearing is held, it will take place on March 24, 1997 beginning at 10 
    a.m.
    
    ADDRESSES: Comments. Comments should be submitted (in duplicate, if 
    possible) to: Air and Radiation Docket
    
    [[Page 7978]]
    
    and Information Center (6102), Attention Docket Number A-93-48 (see 
    docket section below), U.S. Environmental Protection Agency, 401 M 
    Street, SW, Washington, DC 20460. The EPA requests that a separate copy 
    also be sent to the contact person listed below.
        Public Hearing. If a public hearing is held, it will be held at the 
    EPA's Office of Administration Auditorium, Research Triangle Park, 
    North Carolina. Persons interested in attending the hearing or wishing 
    to present oral testimony should notify Ms. JoLynn Collins, U.S. 
    Environmental Protection Agency, Research Triangle Park, NC 27711, 
    telephone (919) 541-5671.
        Docket. Docket No. A-93-48, containing the supporting information 
    for the original national emission standards for hazardous air 
    pollutants (NESHAP) and this action, are available for public 
    inspection and copying between 8:00 a.m. and 5:30 p.m., Monday through 
    Friday, at the EPA's Air and Radiation Docket and Information Center 
    (6102), 401 M Street SW, Washington DC 20460, or by calling (202) 260-
    7548. The docket is located at the above address in Room M-1500, 
    Waterside Mall (ground floor). A reasonable fee may be charged for 
    copying.
    
    FOR FURTHER INFORMATION CONTACT: Mr. James Durham, Waste and Chemical 
    Processes Group, Emission Standards Division (MD-13), U.S. 
    Environmental Protection Agency, Research Triangle Park, North Carolina 
    27711, telephone number (919) 541-5672.
    
    SUPPLEMENTARY INFORMATION: If no significant, adverse comments are 
    timely received, no further activity is contemplated in relation to 
    this proposed rule, and the direct final rule in the final rules 
    section of this Federal Register will automatically go into effect on 
    the date specified in that rule. If significant adverse comments are 
    received the direct final rule will be withdrawn and all public comment 
    received will be addressed in a subsequent final rule based on this 
    proposed rule. Because the EPA will not institute a second comment 
    period on this proposed rule, any parties interested in commenting 
    should do so during this comment period.
        For further supplemental information, the detailed rationale, and 
    the rule provisions, see the information provided in the direct final 
    rule in the final rules section of this Federal Register.
    
    Executive Order 12866 Review
    
        Under Executive Order 12866 [58 FR 51735, (October 4, 1993)], the 
    EPA must determine whether the regulatory action is ``significant'' and 
    therefore subject to review by the Office of Management and Budget 
    (OMB) and the requirements of the Executive Order. The Order defines a 
    ``significant regulatory action'' as one that is likely to result in a 
    rule that may:
        1. Have an annual effect on the economy of $100 million or more or 
    adversely affect in a material way the economy, a sector of the 
    economy, productivity, competition, jobs, the environment, public 
    health or safety, or State, local or tribal governments or communities;
        2. Create a serious inconsistency or otherwise interfere with an 
    action taken or planned by another agency;
        3. Materially alter the budgetary impact of entitlements, grants, 
    user fees, or land programs or the rights and obligations of recipients 
    thereof; or
        4. Raise novel legal or policy issues arising out of legal 
    mandates, the President's priorities, or the principles set forth in 
    the Executive Order.
        Because today's action clarifies existing control requirements and 
    does not add any additional control, monitoring, recordkeeping, or 
    reporting requirements, this rule was classified ``non-significant'' 
    under Executive Order 12866 and, therefore was not reviewed by OMB.
    
    Regulatory Flexibility
    
        The Regulatory Flexibility Act generally requires an agency to 
    conduct a regulatory flexibility analysis of any rule subject to notice 
    and comment rulemaking requirements unless the agency certifies that 
    this rule will not have a significant economic impact on a substantial 
    number of small entities. Small entities include small businesses, 
    small not-for-profit enterprises, and small governmental jurisdictions. 
    This proposed rule would not have a significant impact on a substantial 
    number of small entities because it simply clarifies the applicability 
    of control requirements in the Petroleum Refineries NESHAP, does not 
    alter control, monitoring, recordkeeping, or reporting requirements, 
    and does not include any provisions that create a burden for any of the 
    regulated entities. Therefore, I certify that this action will not have 
    a significant economic impact on a substantial number of small 
    entities.
    
    Unfunded Mandates Reform Act
    
        Under the Unfunded Mandates Reform Act, the EPA must prepare a 
    statement to accompany any rule where the estimated costs to State, 
    local, or tribal governments, or to the private sector, will be $100 
    million or more per year. At the time of promulgation, the EPA 
    determined that the petroleum refineries NESHAP does not include a 
    Federal mandate that may result in estimated costs of $100 million or 
    more to either State, local, or tribal governments in the aggregate or 
    to the private sector. This determination is not altered by today's 
    action, the purpose of which is to add clarity and flexibility to 
    existing requirements. Consequently, an unfunded mandates statement has 
    not been prepared.
    
    List of Subjects in 40 CFR Part 63
    
        Environmental protection, Air pollution control, Hazardous air 
    pollutants, Petroleum refineries, Reporting and recordkeeping 
    requirements, Storage vessels.
    
        Dated: February 11, 1997.
    Mary D. Nichols,
    Assistant Administrator for Air and Radiation.
    [FR Doc. 97-4325 Filed 2-20-97; 8:45 am]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Published:
02/21/1997
Department:
Environmental Protection Agency
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
97-4325
Dates:
Comments. Comments must be received on or before March 24, 1997 unless a hearing is required by March 10, 1997. If a hearing is requested, written comments must be received by April 22, 1997. If a hearing is held, it will take place on March 24, 1997 beginning at 10 a.m.
Pages:
7977-7978 (2 pages)
Docket Numbers:
AD-FRL-5691-1
RINs:
2060-AD94
PDF File:
97-4325.pdf
CFR: (1)
40 CFR 63