[Federal Register Volume 61, Number 73 (Monday, April 15, 1996)]
[Proposed Rules]
[Pages 16606-16608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9096]
[[Page 16605]]
_______________________________________________________________________
Part V
Environmental Protection Agency
_______________________________________________________________________
40 CFR Part 68
List of Regulated Substances and Thresholds for Accidental Release
Prevention; Proposed Stay of Effectiveness; Proposed Rule
Federal Register / Vol. 61, No. 73 / Monday, April 15, 1996 /
Proposed Rules
[[Page 16606]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 68
[FRL-5657-8]
List of Regulated Substances and Thresholds for Accidental
Release Prevention; Proposed Stay of Effectiveness
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; proposed stay of effectiveness.
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SUMMARY: In Part IV of today's Federal Register, the Environmental
Protection Agency (EPA) is proposing several modifications to
provisions of the rule listing regulated substances and establishing
threshold quantities under section 112(r) of the Clean Air Act as
amended (List Rule Amendments). The proposed List Rule Amendments, if
promulgated in a final rule, would clarify or establish that part 68
does not apply to several types of processes and sources.
This action proposes, pursuant to Clean Air Act section 301(a)(1),
42 U.S.C. 7601(a)(1), to stay the effectiveness of provisions that are
affected by the proposed List Rule Amendments in Part IV of today's
Federal Register, for so long as necessary to take final action on the
proposed List Rule Amendments. Pursuant to the rulemaking provisions of
Clean Air Act section 307(d), 42 U.S.C. 7607(d), EPA hereby requests
public comment on this proposed short-term stay of provisions affected
by the proposed List Rule Amendments. Under the proposed stay, owners
and operators of processes and sources that EPA has proposed not be
subject to part 68 would not become subject to part 68 until EPA has
determined whether to proceed with the List Rule Amendments proposed in
today's Federal Register.
DATES: Comments. Comments must be submitted on or before May 15, 1996
unless a hearing is requested by April 25, 1996. If a hearing is
requested, written comments must be received by May 30, 1996.
Public Hearing. Anyone requesting a public hearing must contact EPA
no later than April 25, 1996. If a hearing is held, it will take place
on April 30, 1996 at 9:30 a.m.
ADDRESSES: Comments. Comments should be submitted to: U.S.
Environmental Protection Agency, Air Docket (6102), Attn: Docket A-96-
08: IV-I (Proposed Stay of Effectiveness), Waterside Mall, 401 M St.
SW., Washington, DC 20460. Comments must be submitted in duplicate. If
a public hearing is held, written testimony must be submitted in
duplicate at the time of the hearing.
Public Hearing. If a public hearing is held, it will be held at
Waterside Mall, 401 M St. SW., Washington DC, in the EPA Conference
Center. Persons interested in attending the hearing or wishing to
present oral testimony should notify by telephone Vanessa Rodriguez
(see For Further Information Contact).
Docket. All information used in the development of this proposal is
contained in the preamble below. However, Docket A-91-74, containing
background information for the original List Rule, and Docket A-96-08,
containing background information on the proposed List Rule amendments,
are available for public inspection between 8:00 a.m. and 5:30 p.m.,
Monday through Friday at EPA's Air Docket, Room 1500, 401 M St. SW.,
Washington, DC 20460; telephone (202) 260-7548. A reasonable fee may be
charged for copying.
FOR FURTHER INFORMATION CONTACT: Vanessa Rodriguez, Chemical Engineer,
Chemical Emergency Preparedness and Prevention Office, Environmental
Protection Agency (5101), 401 M St. SW., Washington, DC 20460, (202)
260-7913.
SUPPLEMENTARY INFORMATION:
I. Background and Discussion
Elsewhere in the proposed rule section of today's Federal Register,
EPA is proposing amendments to regulations in 40 CFR part 68 that,
inter alia, list regulated substances and establish threshold
quantities for the accident prevention provisions under Clean Air Act
section 112(r). Readers should refer to that document for a complete
discussion of the background of the rule affected. The amendments
proposed in that document (``List Rule Amendments'') would, if
promulgated, delete explosives from the list of regulated substances,
modify threshold provisions to exclude flammable substances in gasoline
and in naturally occurring hydrocarbon mixtures prior to entry into
processing unit or plant, modify the threshold provisions for other
flammable mixtures, and clarify the definition of stationary source
with respect to transportation, storage incident to transportation, and
naturally occurring hydrocarbon reservoirs.
It is unlikely that EPA will be able to take final action on some
or all of the proposed List Rule Amendments prior to May 24, 1996, the
date on which EPA anticipates it will take final action on additional
``Risk Management Program'' regulations under Clean Air Act section
112(r). This action proposes to stay provisions of part 68 that are
affected by the proposed List Rule Amendments until such time as EPA
takes final action on the proposed List Rule Amendments. If, following
consideration of public comment, EPA takes final action to stay the
effectiveness of these provisions, these provisions will be stayed
until after EPA takes final action on the proposed List Rule
Amendments.
EPA is proposing this stay because, at this time, EPA is seeking
comment on whether the various processes and sources affected by the
proposed List Rule Amendments should be subject to part 68. EPA will
need to evaluate comments on the proposed List Rule Amendments before
taking final action on that proposal. During the period prior to final
action on the List Rule Amendments proposal, owners and operators of
sources affected by the proposed List Rule Amendments would not know if
they ultimately will be subject to part 68. Such owners and operators
should have the same certainty about whether they are subject to part
68 as other owners and operators have when they begin their regulatory
compliance planning. The effect of the proposed stay would be to allow
owners and operators of processes and sources affected by the proposed
List Rule Amendments three years to come into compliance with the Risk
Management Program rule in the event EPA fails to adopt the proposed
List Rule Amendments. That is, if EPA does not promulgate a provision
of the proposed List Rule Amendments, either by taking negative final
action or by allowing the stay to expire without final action, owners
and operators of processes and sources affected by that provision would
need to achieve compliance with the Risk Management Program rule within
three years from the date of the negative final action or the
expiration of the stay.
II. Required Analyses
A. E.O. 12866
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the
Agency must judge whether the regulatory action is ``significant,'' and
therefore subject to OMB review and the requirements of the Executive
Order. The Order defines ``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,
[[Page 16607]]
productivity, jobs, the environment, public health or safety, or state,
local, or tribal government 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 loan 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.
It has been determined this proposed rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and
therefore is not subject to OMB review.
B. Regulatory Flexibility Act
In accordance with the Regulatory Flexibility Act of 1980, Federal
agencies must evaluate the effects of the rule on small entities and
examine alternatives that may reduce these effects.
EPA has examined the proposed rule's potential effects on small
entities as required by the Regulatory Flexibility Act. It has
determined that this rule will have no adverse effect on small entities
because it defers the need for stationary sources to comply with
current rule provisions that EPA has proposed to amend; the amendments,
if adopted, likely would reduce the number of stationary sources
subject to the accidental release prevention requirements. Therefore, I
certify that today's proposed rule will not have a significant economic
effect on a substantial number of small entities.
C. Paperwork Reduction Act
This proposed rule does not include any information collection
requirements for OMB to review under the provisions of the Paperwork
Reduction Act of 1980, 44 U.S.C. 3501 et seq.
D. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, EPA must prepare a statement to
accompany any rule where the estimated costs to State, local, or tribal
governments in the aggregate, or to the private sector, will be $100
million or more in any one year. Under section 205, EPA must select the
most cost-effective and least burdensome alternative that achieves the
objective of the rule and is consistent with statutory requirements.
Section 203 requires EPA to establish a plan for informing and advising
any small governments that may be significantly impacted by the rule.
EPA has estimated that this rule 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.
List of Subjects in 40 CFR Part 68
Environmental protection, Chemicals, Chemical accident prevention,
Clean Air Act, Extremely hazardous substances, Intergovernmental
relations, Hazardous substances, Reporting and recordkeeping
requirements.
Dated: April 5, 1996.
Carol M. Browner,
Administrator.
For the reasons set out in the preamble, Title 40, Chapter I,
Subchapter C, Part 68 of the Code of Federal Regulations is proposed to
be amended to read as follows:
PART 68--CHEMICAL ACCIDENT PREVENTION PROVISIONS
1. The authority citation for Part 68 continues to read as follows:
Authority: 42 U.S.C. 7412(r), 7601.
2. In Subpart A, Sec. 68.2 is proposed to be added to read as
follows:
Sec. 68.2 Stayed Provisions.
(a) Notwithstanding any other provision of this part, the
effectiveness of the following provisions is stayed from March 2, 1994
to (insert date 18 months after publication of final rule in the
Federal Register):
(1) In Sec. 68.3, definition of ``stationary source,'' to the
extent that such definition includes naturally occurring hydrocarbon
reservoirs or transportation subject to oversight or regulation under a
state natural gas or hazardous liquid program for which the state has
in effect a certification to DOT under 49 U.S.C. 60105;
(2) Section 68.115(b)(2) of this part, to the extent that such
provision requires an owner or operator to treat as a regulated
flammable substance:
(i) Gasoline, when in distribution or related storage for use as
fuel for internal combustion engines.
(ii) Naturally occurring hydrocarbon mixtures prior to entry into a
petroleum refining process unit or a natural gas processing plant.
Naturally occurring hydrocarbon mixtures include any of the following:
condensate, crude oil, field gas, and produced water, each as defined
in paragraph (b) of this section.
(iii) Other mixtures containing a regulated flammable substance
that does not have a National Fire Protection Association flammability
hazard rating of 4, the definition of which is in the NFPA 704,
Standard System for the Identification of the Fire Hazards of
Materials, National Fire Protection Association, Quincy, MA, 1990.
Available from the National Fire Protection Association, 1 Batterymarch
Park, Quincy, MA 02269-9101. This incorporation by reference was
approved by the Director of the Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. Copies may be inspected at the
Environmental Protection Agency Air Docket (6102), Attn: Docket No. A-
96-08, Waterside Mall, 401 M. St. SW., Washington D.C.; or at the
Office of Federal Register at 800 North Capitol St., NW, Suite 700,
Washington, D.C. (Note: this document will only be available for
inspection at the Federal Register after this action becomes a final
rule); and
(3) Section 68.130(a).
(b) From March 2, 1994 to (insert date 18 months after publication
of final rule in the Federal Register) the following definitions shall
apply to the stayed provisions described in paragraph (a) of this
section.
Condensate means hydrocarbon liquid separated from natural gas that
condenses because of changes in temperature, pressure, or both, and
remains liquid at standard conditions.
Crude oil means any naturally occurring, unrefined petroleum
liquid.
Field gas means gas extracted from a production well before the gas
enters a natural gas processing plant.
Natural gas processing plant means any processing site engaged in
the extraction of natural gas liquids from field gas, fractionation of
natural gas liquids to natural gas products, or both. A separator,
dehydration unit, heater treater, sweetening unit, compressor, or
similar equipment shall not be considered a ``processing site'' unless
such equipment is physically located within a natural gas processing
plant (gas plant) site.
Petroleum refining process unit means a process unit used in an
establishment primarily engaged in petroleum refining as defined in the
Standard Industrial Classification code for petroleum refining (2911)
and used for the following: (1) Producing transportation fuels (such as
gasoline, diesel fuels, and jet fuels), heating fuels (such as
kerosene, fuel gas distillate, and fuel oils), or lubricants; (2)
Separating petroleum; or (3) Separating, cracking, reacting, or
reforming intermediate petroleum streams.
Examples of such units include, but are not limited to, petroleum
based solvent units, alkylation units, catalytic hydrotreating,
catalytic hydrorefining, catalytic hydrocracking, catalytic
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reforming, catalytic cracking, crude distillation, lube oil processing,
hydrogen production, isomerization, polymerization, thermal processes,
and blending, sweetening, and treating processes. Petroleum refining
process units include sulfur plants.
Produced water means water extracted from the earth from an oil or
natural gas production well, or that is separated from oil or natural
gas after extraction.
[FR Doc. 96-9096 Filed 4-12-96; 8:45 am]
BILLING CODE 6560-50-P
