[Federal Register Volume 63, Number 110 (Tuesday, June 9, 1998)]
[Proposed Rules]
[Pages 31398-31400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15006]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6106-3]
RIN 2060-A100


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 revisions to 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 the Petroleum Refineries national emission standards for 
hazardous air pollutants (NESHAP). This action proposes to revise the 
date by which the Implementation Plan for emissions averaging is to be 
submitted. This action also proposes an exemption for specific hydrogen 
plant vent streams from the miscellaneous process vent requirements. 
Because the revisions do not alter the intended applicability, 
stringency, or schedule of the NESHAP, 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 relevant 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 July 9, 1998. 
Additionally, a hearing will be convened if requests to speak are 
received by June 24, 1998. If a hearing is held, it will take place on 
July 1, 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<a href="/cdn-cgi/l/email-protection#d8b7bbb3bdac98bda8b9b5b9b1b4f6bda8b9f6bfb7ae"><span class="__cf_email__" data-cfemail="b0dfd3dbd5c4f0d5c0d1ddd1d9dc9ed5c0d19ed7dfc6">[email protected]</span></a>. 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 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

[[Page 31399]]

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, EPA promulgated the 
``National Emission Standards for Hazardous Air Pollutants: Petroleum 
Refineries'' (the ``Petroleum Refineries NESHAP''). The NESHAP 
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:

------------------------------------------------------------------------
             Category                 Examples of regulated  entities   
------------------------------------------------------------------------
Industry.........................  Petroleum Refineries (Standard       
                                    Industrial Classification Code      
                                    2911).                              
------------------------------------------------------------------------

    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 relevant, 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 relevant adverse comments are received, a timely document will be 
published withdrawing the direct final rule. 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.

Administrative Requirements

A. 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 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 does not alter the stringency or schedule of 
the Petroleum Refineries NESHAP or the ability of regulating 
authorities to ensure compliance with the 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 of the previously 
promulgated NESHAP were submitted to and approved by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act, 44 
U.S.C. 3501 et.seq. A copy of this Information Collection Request (ICR) 
document (OMB Control Number 2060-0340) may be obtained from the 
Information Policy Branch (PY-223Y); U.S. Environmental Protection 
Agency; 401 M Street, SW; Washington, DC 20460 or by calling (202) 260-
2740. The ICR is currently in the reinstatement process.
    Today's proposed changes to the NESHAP have no impact on the 
information collection burden estimates. The changes regarding 
emissions averaging consist of a revision to the date by which an 
Implementation Plan is to be submitted. Because the industry and the 
EPA were not aware of the hydrogen plant vent streams that may meet the 
current Group 1 miscellaneous process vent provisions, information 
collection activities associated with these vents were not included in 
the burden estimate. Today's revisions do not increase or decrease the 
information collection burden on the regulated community or the EPA. 
Consequently, the ICR has not been revised.

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 will not have a significant negative 
impact on a substantial number of small entities because it does not 
add any requirements to the Petroleum Refineries NESHAP. This rule 
revises a submittal date for a report and provides an exemption for 
specific vent streams.

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

[[Page 31400]]

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 revise the date by which a report is due and provide an exemption 
for specific vent streams. Thus, today's proposed rule is not subject 
to the requirements of sections 202 and 205 of the UMRA.

E. Executive Order 12875

    To reduce the burden of Federal regulations on States and small 
governments, the President issued Executive Order 12875 entitled 
``Enhancing the Intergovernmental Partnership'' on October 26, 1993. 
Executive Order 12875 prohibits the EPA, to the extent feasible and 
permitted by law, from promulgating any regulation that is not required 
by statute and that creates a mandate upon a State, local or tribal 
government unless: (i) The Federal Government provides the funds 
necessary to pay the direct costs incurred by the State, local or 
tribal government in complying with the mandate; or, (ii) EPA provides 
to the Office of Management and Budget a description of the extent of 
the EPA's prior consultation with representatives of affected State, 
local and tribal governments, the nature of those entities concerns, 
any written communications submitted to EPA by such units of government 
and the EPA's position supporting the need to issue the regulation. 
Executive Order 12875 further requires the EPA to develop an effective 
process to permit 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.'' This rule does not create a mandate upon State, 
local or tribal governments.

F. Applicability of Executive Order 13045

    Executive Order 13045 applies to any rule that EPA determines (1) 
``economically significant'' as defined under Executive Order 12866, 
and (2) the environmental health or safety risk addressed by the rule 
has a disproportionate effect on children. If the regulatory action 
meets both criteria, the EPA 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 EPA.
    This proposed rule is not subject to E.O. 13045, entitled 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not an 
economically significant regulatory action as defined by Executive 
Order 12866, and it does not address an environmental health or safety 
risk that would have a disproportionate effect on children.

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: May 28, 1998.
Carol M. Browner,
Administrator.
[FR Doc. 98-15006 Filed 6-8-98; 8:45 am]
BILLING CODE 6560-50-P


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