[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Rules and Regulations]
[Pages 31730-31732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14636]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 68
[FRL-5516-6]
List of Regulated Substances and Thresholds for Accidental
Release Prevention; Final Rule--Stay of Effectiveness
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On April 15, 1996, the Environmental Protection Agency (EPA)
proposed 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. In addition, EPA proposed, pursuant to Clean
Air Act section 301(a)(1), 42 U.S.C. 7601(a)(1), to stay the
effectiveness of provisions that would be affected by the proposed List
Rule Amendments, for so long as necessary to take final action on the
proposed List Rule Amendments. EPA received no adverse public comment
on the short-term stay. Today EPA is amending part 68 to promulgate the
stay, under which 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. The effect of today's action will be to give owners and
operators of sources affected by the proposed List Rule Amendments the
same amount of time to achieve compliance with the requirements of part
68 as owners and operators of other sources in the event that EPA does
not proceed with the List Rule Amendments as proposed.
EFFECTIVE DATE: June 20, 1996.
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
On April 15, 1996, EPA proposed 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). 61 FR 16598. 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 a 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.
On the same date, EPA proposed to stay provisions of part 68 that
were affected by the proposed List Rule Amendments until such time as
EPA takes final action on the proposed List Rule Amendments. 61 FR
16606. EPA proposed a stay of 18 months because it believed such a
period would be sufficient to take final action on the List Rule
Amendments and believed that owners and operators affected by the List
Rule Amendments should have the same certainty about whether they are
subject to part 68 as owners and operators of other sources have when
they begin their regulatory compliance planning. In general, owners and
operators of sources subject to the ``Risk Management Program'' final
rule promulgated elsewhere in today's Federal Register, have three
years from today to achieve compliance with part 68.
[[Page 31731]]
EPA received seven comment letters on the proposed stay; all
generally supported EPA's action. The Agency's response to comments is
contained below. Three commenters suggested that EPA should promulgate
a stay for so long as it takes the Agency to take final action on the
List Rule Amendments rather than for a certain (18 month) time period.
The 18 month time period was selected to be consistent with the time
period provided for final action on amendments discussed in the
settlement of litigation concerning the List Rule. EPA believes this
time will be sufficient to take any necessary action. Another commenter
expressed concern that the stay would not affect statutory deadlines
for seeking judicial review of the final Risk Management Program rule.
EPA has not taken final action on the Risk Management Program rule's
applicability to stationary sources, mixtures containing regulated
flammable substances, and regulated explosive substances that are
subject to today's stay. In the event that the Agency does not
promulgate the List Rule Amendments, the Agency intends to take final
action on applying the Risk Management Program to the sources,
mixtures, and substances to be regulated. In the absence of final
action on the Risk Management Program rule as it applies to these
sources, mixtures, and substances, a petition seeking review of that
rule would be premature.
Under the provisions of section 307(b)(1) of the Clean Air Act, a
petition for judicial review of this stay may only be filed in the
United States Court of Appeals for District of Columbia Circuit within
60 days of today's publication of this action.
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 Office of Management and Budget (OMB) review 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, 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 final 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 this final rule on small entities
and examine alternatives that may reduce these effects. EPA has
examined this final 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
final stay of effectiveness rule will not have a significant economic
effect on a substantial number of small entities.
C. Paperwork Reduction Act
This final 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.
E. Submission to Congress and the General Accounting Office
Under section 801(a)(1)(A) of the Administrative Procedures Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996, EPA submitted a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the General Accounting
Office prior to publication of the rule in today's Federal Register.
This rule is not a ``major rule'' as defined by section 804(2) of the
APA as amended.
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: May 24, 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 amended to
read as follows:
PART 68--ACCIDENTAL RELEASE 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 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 December 22, 1997.
(1) In Sec. 68.3, the 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
[[Page 31732]]
the following: condensate, crude oil, field gas, and produced water,
each as defined in paragraph (b) of this section;
(iii) Other mixtures that contain a regulated flammable substance
and that do 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; and
(3) Section 68.130(a).
(b) From March 2, 1994 to December 22, 1997, 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: Producing transportation fuels (such as
gasoline, diesel fuels, and jet fuels), heating fuels (such as
kerosene, fuel gas distillate, and fuel oils), or lubricants;
separating petroleum; or 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 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. 96-14636 Filed 6-19-96; 8:45 am]
BILLING CODE 6560-50-P
