[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