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[Federal Register Volume 62, Number 40 (Friday, February 28, 1997)]
[Proposed Rules]
[Pages 9140-9142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4886]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63

[AD-FRL-5696-1]
RIN 2060-AD93

National Emission Standards for Hazardous Air Pollutants for 
Source Categories: Gasoline Distribution (Stage I)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule: Amendments.

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SUMMARY: On December 14, 1994, the EPA promulgated the ``National 
Emission Standards for Hazardous Air Pollutants for Source Categories: 
Gasoline Distribution (Stage I)'' (the ``Gasoline Distribution 
NESHAP'), pursuant to section 112 of the Clean Air Act (Act). This 
action is proposing amendments to those final standards in order to 
implement a proposed settlement agreement with the American Petroleum 
Institute noticed for comment on November 15, 1996 regarding 
improvements in the screening equations for determining applicability 
of the Gasoline Distribution NESHAP. No comments were received on the 
noticed proposed settlement agreement. This action also proposes some

[[Page 9141]]

clarifications to the NESHAP that were requested by other parties. 
Since the EPA does not anticipate receiving adverse comments or holding 
a public hearing, the amendments are also being issued as a direct 
final rule in the final rules section of this Federal Register. If no 
significant adverse comments are received by the due date (see DATES 
section below), 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 31, 1997 
unless a hearing is requested by March 10, 1997. If a hearing is 
requested, written comments must be received by April 14, 1997.
    Public Hearing. Anyone requesting a public hearing must contact the 
EPA no later than March 10, 1997. If a hearing is held, it will take 
place on March 14, 1997, beginning at 9:00 a.m.

ADDRESSES: Comments. Comments should be submitted (in duplicate, if 
possible) to: Air and Radiation Docket and Information Center (6102), 
Attention Docket No. A-92-38 (see docket section below), room M1500, 
U.S. Environmental Protection Agency, 401 M Street, S.W., Washington, 
D.C. 20460. The EPA requests that a separate copy also be sent to Mr. 
Stephen Shedd, whose address is listed in the FOR FURTHER INFORMATION 
CONTACT section 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-92-38, category VIII 1997 Amendments, 
containing information considered by the EPA in developing the proposed 
amendments, is available for public inspection and copying between 8:00 
a.m. and 5:30 p.m., Monday through Friday, except for Federal holidays, 
at the EPA's Air and Radiation Docket and Information Center, room 
M1500, U.S. Environmental Protection Agency, 401 M Street, S.W., 
Washington, DC 20460; telephone (202) 260-7548. A reasonable fee may be 
charged for copying. This docket also contains information considered 
by the EPA in proposing and promulgating the original Gasoline 
Distribution NESHAP.

FOR FURTHER INFORMATION CONTACT: For information concerning 
applicability and rule determinations, contact the appropriate EPA 
regional or Office of Enforcement and Compliance Assurance (OECA) 
representative:

Region I: Greg Roscoe, Air Programs Enforcement Office Chief, U.S. EPA, 
Region I, JFK Federal Building (SEA), Boston, MA 02203, Telephone 
number (617) 565-3221
Region II: Kenneth Eng, Air Compliance Branch Chief, U.S. EPA, Region 
II, 290 Broadway, New York, NY 10007, Telephone number (212) 637-4080, 
Fax number (212) 637-3998
Region III: Walter K. Wilkie, U.S. EPA, Region III (3AT12), 841 
Chestnut Building, Philadelphia, PA 19107, Telephone number (215) 566-
2150, Fax number (215) 566-2114
Region IV: Lee Page, U.S. EPA, Region IV (AR-4), 100 Alabama Street, 
SW, Atlanta, GA 30303-3104, Telephone number (404) 562-9131, Fax number 
(404) 562-9095
Region V: Howard Caine (AE-17J), U.S. EPA, Region V, 77 W. Jackson 
Blvd., Chicago, IL 60604, Telephone number (312) 353-9685, Fax number 
(312) 353-8289
Region VI: Sandra A. Cotter (6EN-AT), U.S. EPA, Region VI (6PD-R), 1445 
Ross Avenue, Dallas, TX 75202-2733, Telephone number (214) 665-7347, 
Fax number (214) 665-7446
Region VII: Bill Peterson, U.S. EPA, Region VII, 726, Minnesota Avenue, 
Kansas City, KS 66101, Telephone number (913) 551-7881
Region VIII: Heather Rooney, U.S. EPA, Region VIII (8ART-AP), 999 18th 
Street, Suite 500, Denver, CO 80202-2405, Telephone number (303) 312-
6971, Fax number (303) 312-6826
Region IX: Christine Vineyard, U.S. EPA, Region IX (Air-4), 75 
Hawthorne Street, San Francisco, CA 94105, Telephone number (415) 744-
1197
Region X: Chris Hall, Office of Air Quality (OAQ-107), U.S. EPA, Region 
X, 1200 Sixth Avenue, Seattle, WA 98101-9797, Telephone number (206) 
553-1949 or (800) 424-4372 x1949
OECA: Julie Tankersley, U.S. EPA, Office of Enforcement and Compliance 
Assurance (2223A), 401 M Street, SW, Washington, DC 20460, Telephone 
number (202) 564-7002, Fax number (202) 564-0050.

    For information concerning the analyses performed in developing the 
proposed amendments, contact Mr. Stephen Shedd, Waste and Chemical 
Processes Group, Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, NC 27711, 
telephone number (919) 541-5397 or fax number (919) 541-0246.

SUPPLEMENTARY INFORMATION: An electronic version of the proposal 
preamble and the direct final rule is available for download from the 
EPA Technology Transfer Network (TTN), a network of electronic bulletin 
boards developed and operated by the Office of Air Quality Planning and 
Standards. The TTN provides information and technology exchange in 
various areas of air pollution control. The service is free, except for 
the cost of a phone call. Dial (919) 541-5742 for data transfer of up 
to 14,400 bits per second. If more information on the operation of the 
TTN is needed, contact the systems operator at (919) 541-5384. The TTN 
is also available on the Internet (access: http://ttnwww.rtpnc.epa.gov).
    On December 14, 1994 (59 FR 64303), the EPA promulgated the 
``National Emission Standards for Hazardous Air Pollutants for Source 
Categories: Gasoline Distribution (Stage I)'' (the ``Gasoline 
Distribution NESHAP''). The Gasoline Distribution NESHAP regulates all 
hazardous air pollutants (HAP) emitted from new and existing bulk 
gasoline terminals and pipeline breakout stations that are major 
sources of HAP emissions or are located at sites that are major sources 
of HAP emissions. The regulated category and entities affected by this 
action include:

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                                                Examples of regulated   
                 Category                             entities          
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Industry..................................  Bulk gasoline terminals.    
                                            Pipeline breakout stations. 
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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 
amendments 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 63.420. 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.
    The specific amendments to the promulgated Gasoline Distribution 
NESHAP that are being proposed are described in detail in the direct 
final rule located in the final rules section of this Federal Register. 
The Agency is seeking comments on these proposed amendments and on the 
pertinent support materials found in the docket. If no significant, 
adverse comments are timely received, no further activity is 
contemplated in relation to this proposed action, 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

[[Page 9142]]

timely received, the direct final rule will be withdrawn and all public 
comments received will be addressed in a subsequent final rule. Since 
the EPA will not institute a second comment period on these proposed 
amendments, any parties interested in commenting should do so during 
this comment period.
    For further supplemental information, the detailed rationale, and 
the rule amendments, see the notice containing the direct final rule in 
the final rules section of this Federal Register.

Administrative Requirements

A. Paperwork Reduction Act

    The information collection requirements of the previously 
promulgated NESHAP were submitted to and approved by the Office of 
Management and Budget (OMB). A copy of this Information Collection 
Request (ICR) document (OMB control number 2060-0325) may be obtained 
from Ms. Sandy Farmer, Information Policy Branch, Environmental 
Protection Agency, 401 M Street, S.W. (mail code 2136), Washington, 
D.C. 20460, or by calling (202) 260-2740.
    Today's proposed amendments to the Gasoline Distribution NESHAP 
have no impact on the information collection burden estimates made 
previously. No additional certifications or filings are being proposed. 
Therefore, the ICR has not been revised.

B. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA 
must determine whether a regulation is ``significant'' and therefore 
subject to OMB review and the requirements of the Executive Order. The 
criteria set forth in section 1 of the Order for determining whether a 
regulation is a significant rule are as follows:
    (1) Is likely to have an annual effect on the economy of $100 
million or more, or adversely and materially affect a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal government communities;
    (2) Is likely to create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency;
    (3) Is likely to materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs or the rights and 
obligations of recipients thereof; or
    (4) Is likely to raise novel or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    The Gasoline Distribution NESHAP promulgated on December 14, 1994 
was treated as a ``significant regulatory action'' within the meaning 
of the Executive Order. An estimate of the cost and benefits of the 
NESHAP was prepared at proposal as part of the background information 
document (BID). This estimate was updated in the BID for the final rule 
to reflect comments and changes made in developing the final rule. The 
amendments being proposed today have no impact on the estimates in the 
final BID. Pursuant to the terms of Executive Order 12866, it has been 
determined that this action is a ``non-significant regulatory action'' 
within the meaning of the Executive Order. As such, this action was not 
submitted to OMB for review.

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 the 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. When the Agency promulgated the Gasoline Distribution 
NESHAP, it analyzed the potential impacts on small businesses, 
discussed the results of this analysis in the Federal Register, and 
concluded that the promulgated regulation would not result in financial 
impacts that significantly or differentially stress affected small 
companies. This proposed rule would not have a significant impact on a 
substantial number of small entities because it would impose no 
additional impacts on small businesses beyond those analyzed in the 
original rulemaking and would simplify the administration of the rule 
for all governmental jurisdictions. 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

    Under section 202 of the Unfunded Mandates Reform Act, signed into 
law on March 22, 1995, the EPA must prepare a budgetary impact 
statement to accompany any proposed or final rule that includes a 
Federal mandate that may result in estimated costs to State, local, or 
tribal governments in the aggregate, or to the private sector, of $100 
million or more. Under section 205, the EPA must select the most cost 
effective and least burdensome alternative that achieves the objectives 
of the rule and is consistent with statutory requirements. Section 203 
requires the EPA to establish a plan for informing and advising any 
small governments that may be significantly or uniquely impacted by the 
rule.
    The EPA has determined that today's action 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. Therefore, the requirements of the Unfunded 
Mandates Reform Act do not apply to this action.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Incorporation by reference, Petroleum bulk stations and 
terminals, Reporting and recordkeeping requirements.

    Dated: February 21, 1997.
Carol M. Browner,
Administrator.
[FR Doc. 97-4886 Filed 2-27-97; 8:45 am]
BILLING CODE 6560-50-P
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