[Federal Register Volume 63, Number 110 (Tuesday, June 9, 1998)]
[Proposed Rules]
[Pages 31398-31400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15006]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-6106-3]
RIN 2060-A100
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 revisions to the ``National Emission
Standards for Hazardous Air Pollutants: Petroleum Refineries,'' which
was issued as a final rule on August 18, 1995. This rule is commonly
known as the Petroleum Refineries national emission standards for
hazardous air pollutants (NESHAP). This action proposes to revise the
date by which the Implementation Plan for emissions averaging is to be
submitted. This action also proposes an exemption for specific hydrogen
plant vent streams from the miscellaneous process vent requirements.
Because the revisions do not alter the intended applicability,
stringency, or schedule of the NESHAP, 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 relevant 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 July 9, 1998.
Additionally, a hearing will be convened if requests to speak are
received by June 24, 1998. If a hearing is held, it will take place on
July 1, 1998 beginning at 10:00 a.m. and the record on the hearing will
remain open for 30 days after the hearing to provide an opportunity for
submission of rebuttal and supplementary information.
ADDRESSES: Comments. Comments should be submitted (in duplicate, if
possible) to: Air and Radiation Docket 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.
Electronic Submittal of Comments
Electronic comments can be sent directly to EPA at: A-and-R-
Docket@epamail.epa.gov. Electronic comments must be submitted as an
ASCII file avoiding the use of special characters and any form of
encryption. Comments and data will also be accepted on disks in
WordPerfect 6.1 file format or ASCII file format. All comments and data
in electronic form must be identified by the docket number A-93-48.
Electronic comments on this proposed rule may be filed online at many
Federal Depository Libraries.
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 or at an alternate site nearby. 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 NESHAP and this action, is available for public
inspection and copying between 8:00 a.m. and 5:30 p.m., Monday through
Friday, at EPA's Air and Radiation Docket and Information Center (MC-
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
[[Page 31399]]
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: On August 18, 1995, EPA promulgated the
``National Emission Standards for Hazardous Air Pollutants: Petroleum
Refineries'' (the ``Petroleum Refineries NESHAP''). The NESHAP
regulates hazardous air pollutants (HAP) emitted from new and existing
refineries that are major sources of HAP emissions. The regulated
category and entities affected by this action include:
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Category Examples of regulated entities
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Industry......................... Petroleum Refineries (Standard
Industrial Classification Code
2911).
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This table is not intended to be exhaustive but, rather, provides a
guide for readers regarding entities likely to be interested in the
revisions to the regulation affected by this action. To determine
whether your facility is regulated by this action, you should carefully
examine all of the applicability criteria in 40 CFR 63.640. If you have
questions regarding the applicability of this action to a particular
entity, consult the appropriate person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
If no relevant, 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 relevant adverse comments are received, a timely document will be
published withdrawing the direct final rule. 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.
Administrative Requirements
A. 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 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, 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 does not alter the stringency or schedule of
the Petroleum Refineries NESHAP or the ability of regulating
authorities to ensure compliance with the NESHAP, this rule was
classified ``non-significant'' under Executive Order 12866 and,
therefore was not reviewed by the Office of Management and Budget.
B. Paperwork Reduction Act
The information collection requirements of the previously
promulgated NESHAP were submitted to and approved by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act, 44
U.S.C. 3501 et.seq. A copy of this Information Collection Request (ICR)
document (OMB Control Number 2060-0340) may be obtained from the
Information Policy Branch (PY-223Y); U.S. Environmental Protection
Agency; 401 M Street, SW; Washington, DC 20460 or by calling (202) 260-
2740. The ICR is currently in the reinstatement process.
Today's proposed changes to the NESHAP have no impact on the
information collection burden estimates. The changes regarding
emissions averaging consist of a revision to the date by which an
Implementation Plan is to be submitted. Because the industry and the
EPA were not aware of the hydrogen plant vent streams that may meet the
current Group 1 miscellaneous process vent provisions, information
collection activities associated with these vents were not included in
the burden estimate. Today's revisions do not increase or decrease the
information collection burden on the regulated community or the EPA.
Consequently, the ICR has not been revised.
C. Regulatory Flexibility
The Regulatory Flexibility Act (RFA) 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 will not have a significant negative
impact on a substantial number of small entities because it does not
add any requirements to the Petroleum Refineries NESHAP. This rule
revises a submittal date for a report and provides an exemption for
specific vent streams.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub.L.
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising
[[Page 31400]]
small governments on compliance with the regulatory requirements.
At the time of promulgation, 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 revise the date by which a report is due and provide an exemption
for specific vent streams. Thus, today's proposed rule is not subject
to the requirements of sections 202 and 205 of the UMRA.
E. Executive Order 12875
To reduce the burden of Federal regulations on States and small
governments, the President issued Executive Order 12875 entitled
``Enhancing the Intergovernmental Partnership'' on October 26, 1993.
Executive Order 12875 prohibits the EPA, to the extent feasible and
permitted by law, from promulgating any regulation that is not required
by statute and that creates a mandate upon a State, local or tribal
government unless: (i) The Federal Government provides the funds
necessary to pay the direct costs incurred by the State, local or
tribal government in complying with the mandate; or, (ii) EPA provides
to the Office of Management and Budget a description of the extent of
the EPA's prior consultation with representatives of affected State,
local and tribal governments, the nature of those entities concerns,
any written communications submitted to EPA by such units of government
and the EPA's position supporting the need to issue the regulation.
Executive Order 12875 further requires the EPA to develop an effective
process to permit elected officials and other representatives of State,
local and tribal governments ``to provide meaningful and timely input
in the development of regulatory proposals containing significant
unfunded mandates.'' This rule does not create a mandate upon State,
local or tribal governments.
F. Applicability of Executive Order 13045
Executive Order 13045 applies to any rule that EPA determines (1)
``economically significant'' as defined under Executive Order 12866,
and (2) the environmental health or safety risk addressed by the rule
has a disproportionate effect on children. If the regulatory action
meets both criteria, the EPA must evaluate the environmental health or
safety effects of the planned rule on children and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the EPA.
This proposed rule is not subject to E.O. 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not an
economically significant regulatory action as defined by Executive
Order 12866, and it does not address an environmental health or safety
risk that would have a disproportionate effect on children.
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: May 28, 1998.
Carol M. Browner,
Administrator.
[FR Doc. 98-15006 Filed 6-8-98; 8:45 am]
BILLING CODE 6560-50-P
