[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