[Federal Register Volume 63, Number 202 (Tuesday, October 20, 1998)]
[Proposed Rules]
[Pages 55983-55985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27927]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 68

[FRL-6177-5]


Request for Delegation of the Accidental Release Prevention 
Requirements: Risk Management Programs Under Clean Air Act Section 
112(r)(7): State of Florida

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The purpose of this proposal is to announce that on June 19, 
1998, the State of Florida, Department of Community Affairs (DCA), 
Division of Emergency Management (DEM), requested section 112(r) 
program delegation for all applicable Florida sources, except those 
with propane as their only regulated substance. Because no adverse 
comments are expected, EPA is concurrently issuing a direct final rule 
in the rules section of this Federal Register. If no adverse comments 
are received by November 19, 1998, the direct final rule will serve as 
formal delegation of the section 112(r) program for all applicable 
sources, except those with propane as their only regulated substance.

DATES: Comments must be received on or before November 19, 1998.

ADDRESSES: Comments on this action should be addressed concurrently to: 
Michelle P. Thornton, U.S. Environmental Protection Agency, Region 4, 
61 Forsyth Street, SW, Atlanta, Georgia 30303-3104, 
[email protected]
    Eve Rainey, Florida Division of Emergency Management, 2555 Shumard 
Oak Boulevard, Tallahassee, Florida 32399-2140, 
[email protected]
    Copies of Florida's section 112(r) delegation request letter and 
accompanying documentation are available for public review during the 
hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, at the 
addresses listed above. If you would like to review these documents, 
please make an appointment with the appropriate office at least 24 
hours before visiting day.

FOR FURTHER INFORMATION CONTACT: Michelle P. Thornton, U.S. 
Environmental Protection Agency, Region 4, Air, Pesticides and Toxics 
Management Division, Air and Radiation Technology Branch, 30303-3104 
(telephone 404 562-9121), [email protected] or Eve 
Rainey, Florida Division of Emergency Management, 2555 Shumard Oak 
Boulevard, Tallahassee, Florida 32399-2140, (telephone 850 413-9914) 
[email protected]

SUPPLEMENTARY INFORMATION: If no adverse comments are received by 
November 19, 1998, no further activity in relation to this proposed 
rule is necessary and the direct final rule in the final rules section 
of this Federal Register will automatically go into effect on December 
21, 1998. Should the Agency receive such comments, it will review and 
publish the comments in a subsequent document. If no relevant adverse 
comments on any provision of this rule are timely filed, then the 
entire direct final rule will become effective on

[[Page 55984]]

December 21, 1998, and the State of Florida DCA/DEM will receive full 
delegation of authority to implement and enforce the requirements of 
the section 112(r) program for all applicable sources in its 
jurisdiction, except sources with propane as their only regulated 
substance.
    On June 20, 1996, EPA published risk management program 
regulations, mandated under the accidental release prevention 
provisions of the Clean Air Act (CAA). These regulations require owners 
and operators of stationary sources subject to the regulations to 
submit risk management plans (RMPs) by June 21, 1999, to a central 
location specified by EPA. The plans will be available to State and 
local governments and the public. These regulations will encourage 
sources to reduce the probability of accidentally releasing substances 
that have the potential to cause harm to public health and the 
environment and will stimulate dialogue between industry and the public 
to improve accident prevention and emergency response practices.
    After a thorough review of Florida's delegation request and its 
pertinent laws, rules, and regulations, the Region proposes to find 
that such a delegation is appropriate in that Florida has satisfied the 
criteria of 40 CFR sections 63.91 and 63.95, and has adequate and 
effective authorities, resources, and procedures in place for 
implementation and enforcement of non-major and major sources subject 
to the section 112(r) RMP Federal standards. If, approved, the State 
has the primary authority and responsibility to carry out all elements 
of the section 112(r) program for all sources, except propane, covered 
in the State, including on-site inspections, recordkeeping reviews, 
audits and enforcement. For a detailed explanation of the delegation 
authority as well as Florida's implementation plan, see the information 
provided in the direct final rule in the rules section of this Federal 
Register.

Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from review under Executive Order (E.O.) 12866, 
entitled Regulatory Planning and Review.

B. Executive Order 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local, or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, EPA must provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected state, local, and tribal 
governments, the nature of their concerns, copies of written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, E.O. 12875 requires EPA to 
develop an effective process permitting 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.'' Today's rule does not 
create a mandate on state, local or tribal governments. The rule does 
not impose any enforceable duties on these entities. The State of 
Florida has voluntarily requested delegation of this program. The state 
will be relying on its own resources to implement the Florida 
Accidental Prevention and Risk Management Planning Act as described in 
the summary section of this notice. Accordingly, the requirements of 
section 1(a) of E.O. 12875 do not apply to this rule.

C. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, representatives of Indian tribal governments 
``to provide meaningful and timely input in the development of 
regulatory policies on matters that significantly or uniquely affect 
their communities.'' Today's rule does not significantly or uniquely 
affect the communities of Indian tribal governments. The State of 
Florida has voluntarily requested delegation of this program. The state 
will be implementing and enforcing its own requirements, which have 
been reviewed and approved by EPA. Accordingly, the requirements of 
section 3(b) of E.O. 13084 do not apply to this rule.

D. Paperwork Reduction Act

    Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., the EPA 
must consider the paperwork burden imposed by any information 
collection request in a proposed or final rule. This rule will not 
impose any new information collection requirements.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA, Public Law 96-354, September 
19, 1980) requires Federal agencies to give special consideration to 
the impact of regulation on small businesses. The RFA specifies that a 
regulatory flexibility analysis must be prepared if a screening 
analysis indicates a regulation will have significant impact on a 
substantial number of small entities. This rule will not have a 
significant economic impact on a substantial number of small entities.

F. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
requires that the Agency prepare a budgetary impact statement before 
promulgating a rule that includes a Federal mandate that may result in 
estimated costs of $100 million or more in one year to either State, 
local, or tribal governments in the aggregate, or to the private 
sector.
    Under section 205, EPA must select the most cost effective and 
least burdensome alternative that achieves the objective of the rule 
and is consistent with statutory requirements. Section 203 requires EPA 
to establish a plan for informing, educating and advising any small 
governments that may be significantly impacted by the rule. EPA has 
estimated that this rule 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 Federal action approves pre-existing requirements under 
State or local law, and imposes no new requirements.

G. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C. 
272 note) directs EPA to use voluntary consensus standards in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical

[[Page 55985]]

standards (e.g., materials specifications, test methods, sampling 
procedures, and business practices) that are developed or adopted by 
voluntary consensus standards bodies. The NTTAA directs EPA to provide 
Congress, through OMB, explanations when the Agency decides not to use 
available and applicable voluntary consensus standards. This proposed 
rulemaking does not involved technical standards. Therefore, EPA is not 
considering the use of any voluntary consensus standards.

H. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is 
determined to be ``economically significant'' as defined under 
Executive Order 12866, and (2) concerns an environmental health or 
safety risk that EPA has reason to believe may have a disproportionate 
effect on children. If the regulatory action meets both criteria, the 
Agency 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 Agency.
    This rule is not subject to E.O. 13045 because it is not an 
economically significant rule as defined by E.O. 12866, and because it 
does not involve decisions based on environmental health or safety 
risks.

    Dated: September 9, 1998.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 98-27927 Filed 10-19-98; 8:45 am]
BILLING CODE 6560-50-P