[Federal Register Volume 59, Number 20 (Monday, January 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1557]


[[Page Unknown]]

[Federal Register: January 31, 1994]


  
  
  
  
  
ENVIRONMENTAL PROTECTION AGENCY

[FRL-4828-7]

 

List of Regulated Substances for Accidental Release Prevention 
Under Section 112(r) of the Clean Air Act as Amended; Risk Management 
Programs for Chemical Accident Release Prevention Under Section 
112(r)(7) of the Clean Air Act as Amended

AGENCY: Environmental Protection Agency (EPA).

ACTION: Supplemental notice.

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SUMMARY: The Clean Air Act Amendments of 1990, signed into law on 
November 15, 1990, include provisions for chemical accident prevention. 
Elsewhere in this issue of the Federal Register, the Environmental 
Protection Agency is promulgating the list of regulated substances and 
thresholds required under section 112 (r) of the Clean Air Act as 
amended. The list and threshold quantities will identify facilities 
subject to chemical accident prevention regulations to be promulgated 
under section 112(r) of the Clean Air Act as amended; a proposed 
regulation for such requirements was published in the Federal Register 
on October 20, 1993 (58 FR 54190). In promulgating the list, EPA is 
deferring action on threshold quantities for listed flammable 
substances when used solely for facility consumption as fuel (see 58 FR 
5102, 5120, (January 19, 1993)). EPA requests additional public comment 
on the hazards associated with flammables used as fuel and the 
appropriateness of the proposed exemption. In addition, EPA requests 
comments on the impacts of proposed accident prevention requirements 
under section 112(r)(7), on sources that would be covered by the 
requirements in the absence of an exemption, and on ways of reducing 
the impacts of these requirements. Comments will be placed in the 
dockets for both the list of regulated substances and the chemical 
accident prevention regulations.

DATES: Comments must be submitted on or before March 2, 1994.

ADDRESSES: Comments may be mailed or submitted to: Environmental 
Protection Agency, Attn: Docket No. (A-91-74), room 1500, Waterside 
Mall, 401 M Street SW., Washington, DC 20460. Comments must be 
submitted in triplicate.

DOCKET: Supporting information used in developing both the proposed and 
final list rules is contained in Docket No. A-91-74. Supporting 
information used in developing the chemical accident prevention 
regulations proposed rule is contained in Docket No. A-91-73. These 
dockets are available for public inspection and copying between 8 a.m. 
and 4 p.m., Monday through Friday at the address listed above. A 
reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Vanessa Rodriguez (202) 260-7913, 
Chemical Emergency Preparedness and Prevention Office (5101), US 
Environmental Protection Agency, 401 M Street SW., Washington, DC 
20460, or the Emergency Planning and Community-Right-to-Know Hot Line 
at 1-800-535-0202.

SUPPLEMENTARY INFORMATION:

I. Introduction
    A. Statutory Authority
    B. Background
II. Use of Flammable Substances as Fuel
    A. Regulatory History
    B. Hazards Information
    C. Regulatory Impact

I. Introduction

A. Statutory Authority

    This notice is being issued under sections 112(r) and 301 of the 
Clean Air Act (CAA or Act) as amended (42 U.S.C. 7412(r), 7601).

B. Background

    Section 112(r) of the Clean Air Act of 1990 establishes chemical 
accident prevention provisions that focus on chemicals posing a 
significant hazard to the community. The intent of these provisions is 
to require facility risk management practices that will prevent 
chemical accidents from occurring and will minimize the impacts of 
accidents that do occur. Section 112(r)(3) of the CAA requires EPA to 
promulgate an initial list of at least 100 substances (``regulated 
substances'') that are known to cause, or may be reasonably anticipated 
to cause, death, injury, or adverse effects to human health and the 
environment. Section 112(r)(5) requires EPA to set threshold quantities 
for each listed substance. EPA is promulgating the list of regulated 
substances and threshold quantities elsewhere in this issue of the 
Federal Register. The list is composed of three categories: toxic 
substances, flammable substances, and explosive substances. Threshold 
quantities for toxic substances range from 500 to 20,000 pounds. For 
all listed flammable substances, the threshold quantity is 10,000 
pounds, and for all explosive substances, the threshold quantity is 
5,000 pounds.
    Under CAA section 112(r)(7), the Act requires EPA to promulgate 
reasonable regulations and appropriate guidance to provide for the 
prevention and detection of accidental releases and for response to 
such releases. The accident prevention regulations will apply to 
stationary sources that have present more than a threshold quantity of 
a regulated substance. These regulations shall address, as appropriate, 
the use, operation, repair, and maintenance of equipment to monitor, 
detect, inspect, and control releases, including training of personnel 
in the use and maintenance of equipment or in the conduct of periodic 
inspections. The regulations shall include requirements for the 
development and submission of Risk Management Plans (RMPs) by regulated 
facilities. The RMP shall include a hazard assessment, a prevention 
program, and an emergency response program. The proposed rule for 
accident prevention, Risk Management Programs for Chemical Accidental 
Release Prevention, was published on October 20, 1993 (58 FR 54190).

II. Use of Flammable Substances as Fuel

A. Regulatory History

    In the proposed rule to establish a list of regulated substances 
(58 FR 5102, 5120 (January 19, 1993)), EPA proposed to exempt from the 
10,000-pound threshold determination flammable substances used solely 
for facility consumption as fuel. The final rule establishing a list of 
regulated substances (see the final rule published elsewhere in this 
issue) defers action on this exemption. EPA plans to make a 
determination on the exemption before or at the time it publishes a 
final rule for risk management planning.
    A number of commenters supported the exemption, arguing that it is 
appropriate to exclude on-site storage and use of hydrocarbon fuels for 
what were referred to as ``low risk applications'' (e.g., heating and 
drying). Some commenters appeared to interpret the exemption to apply 
to process-related operations, such as process heaters; this exclusion 
was not intended by the Agency. It also was argued by commenters that 
current fire protection standards and emergency procedures provide 
acceptable means to prevent accidental releases and minimize the 
impacts in the event of a release.
    Other commenters opposed an exemption for facility consumption as 
fuel. These commenters argued that use of flammable substances for fuel 
is probably responsible for more public risk than all other uses of 
flammables combined, and that the Agency had not made hazard- or risk-
based arguments in support of the exemption. These commenters noted 
that the proposed exemption would allow the handling of large 
quantities of listed flammable substances without the development of 
risk management plans.
    The Agency currently lacks information or evidence to demonstrate 
that the hazard and potential for an accidental release is different 
for the storage, transfer, or use of a flammable substance used solely 
as fuel from the storage, transfer, or use of the same substance in a 
chemical process. The Agency also has data available in the docket 
indicating that flammable substances used solely as fuel have been 
involved in accidental releases. Therefore, the Agency seeks comment on 
the appropriateness of this exemption.

B. Hazards Information

    EPA requests comments supported by data on the hazards associated 
with the use of EPA-listed flammable substances as fuel. In particular, 
the Agency seeks data on actual and potential off-site impacts. For 
example, EPA recognizes that serious hazards are associated with 
propane, but would like additional information concerning the impacts 
of propane accidents, as related to propane use as fuel, on the public. 
EPA also requests comment on whether a hazard-based distinction can be 
made between flammable substances used as fuel and flammable substances 
otherwise regulated under the accident prevention program. In 
particular, are the hazards associated with handling flammables for 
fuel uses greater or lower than the hazards associated with using the 
same substances in industrial processes otherwise regulated under the 
accident prevention program?
    The Occupational Safety and Health Administration (OSHA) exempted 
under its process safety management standards ``Hydrocarbon fuels used 
solely for workplace consumption as a fuel * * * if such fuels are not 
part of a process containing another highly hazardous chemical covered 
by the [process safety management] standard'' (see 57 FR 6356, 6367 
(February 24, 1992)). In part, OSHA's expressed rationale was that this 
type of use did not have the same catastrophic potential to workers as 
other uses. Fuel storage and handling may be systematically different 
(due to industrial standards, technology, and regulation) than storage 
and handling of a substance for other uses. EPA requests comments 
supported by available data regarding whether the use of a flammable 
substance as a fuel affects the amount of the substance that may 
reasonably be anticipated to cause off-site impacts of concern as a 
result of an accidental release. Another question concerns the extent 
to which a hazard-based distinction can be made between the EPA-
regulated flammables and the larger OSHA universe of flammable 
substances when they are used as fuel.

C. Regulatory Impact

    EPA requests additional information on: (1) the kinds of 
substances, (2) the types and number of facilities, especially small 
businesses, and (3) the uses of flammables that would be affected by an 
exemption for the use of flammable substances as fuels. EPA also 
requests comment on the appropriateness of the risk management program 
as described in the proposed rule of October 20, 1993 (see 58 FR 54190) 
for this regulated universe.
    Comments are sought on the extent and effectiveness of existing 
voluntary and regulatory programs that may reduce hazards associated 
with the use of flammables as fuel, as well as the degree to which such 
requirements accomplish the same goals (e.g., availability of 
information to the public) as the proposed chemical accident prevention 
program and plans. For instance, information on the OSHA process safety 
management standard and on fire protection measures and emergency 
procedures at the state and local level is requested. As OSHA noted, 
the OSHA standards for flammable and combustible liquids and liquified 
petroleum gases address flammables used as fuel (see 57 FR 6367). Do 
these standards fulfill particular aspects of EPA's proposed program, 
such as the prevention program element?
    EPA also seeks comment on ways to reduce the impact of the risk 
management planning regulations on users of flammables as fuel if the 
Agency determines that an exemption is not warranted. Alternatives 
include the use of model RMPs to assist facility owners and operators 
and streamlined procedures for meeting accident prevention program and 
plan requirements. EPA solicits comments on the way in which such 
approaches can be implemented and on specific components of the risk 
management and plan requirements that are anticipated to place 
significant burdens on small business.

List of Subjects

    Environmental protection.

    Dated: January 14, 1994.
Carol M. Browner,
Administrator.
[FR Doc. 94-1557 Filed 1-28-94; 8:45 am]
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