[Federal Register Volume 63, Number 54 (Friday, March 20, 1998)]
[Proposed Rules]
[Pages 13587-13589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6872]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[AD-FRL-5976-4]
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 revise monitoring, recordkeeping, and
reporting requirements and correct equations of 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
[[Page 13588]]
the Petroleum Refineries NESHAP. Because the revisions reduce the
burden of complying with the NESHAP without altering its applicability,
stringency, or schedule, the Agency 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 April 20, 1998.
Additionally, a hearing will be convened if requests to speak are
received by April 6, 1998. If a hearing is held, it will take place on
April 13, 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-
D[email protected]. 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 the 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
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, the EPA promulgated the
``National Emission Standards for Hazardous Air Pollutants: Petroleum
Refineries'' (the ``Petroleum Refineries NESHAP''). The NEHSAP
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 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 Agency
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
Agency 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 revises monitoring, recordkeeping, and
reporting requirements without altering the stringency or schedule of
the Petroleum Refineries NESHAP or the ability of regulating
authorities to ensure compliance with 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 in the promulgated
Petroleum Refineries NESHAP rule have been approved by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq and have been assigned a control number 2060-0340.
However, this approval has expired and the information collection
request is currently in the reinstatement process. The information
collection request has been revised to reflect the revisions to
monitoring, recordkeeping and reporting requirements made by today's
action. The collection of information has an estimated annual reporting
and recordkeeping burden averaging 3,000 hours per respondent. This
estimate includes time for reviewing
[[Page 13589]]
instructions; developing, acquiring, installing, and utilizing
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjusting existing ways to comply
with any previously applicable instructions and requirements;
completing and reviewing the collection of information; and reviewing
the collection of information; and transmitting or otherwise disclosing
the information.
The burden estimate reflects an annual reduction of 13,200
technical hours, as compared to the estimate at promulgation, resulting
from the revisions made by today's action.
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 would not have a significant impact
on a substantial number of small entities because it decreases
monitoring, recordkeeping, and reporting requirements and reduces the
associated burden for all affected facilities, including small
entities. Therefore, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
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 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 reduce the burden associated with monitoring, recordkeeping, and
reporting requirements. Thus, today's rule is not subject to the
requirements of sections 202 and 205 of the UMRA.
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: March 4, 1998.
Carol M. Browner,
Administrator.
[FR Doc. 98-6872 Filed 3-19-98; 8:45 am]
BILLING CODE 6560-50-P