18026 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Rules and Regulations

(ii) If compliance with the compressor

provisions of § 63.164 of subpart H of

this part cannot be achieved without

replacing the compressor or recasting

the distance piece, the owner or

operator shall achieve compliance no

later than April 22, 1997. The owner or

operator who elects to use this provision

shall also comply with the requirements

of § 63.192(g) of this subpart.

(6) Existing sources shall be in

compliance with the provisions of

§ 63.170 of subpart H no later than April

22, 1997.

* * * * *

10. Section 63.191 is amended by

revising the definition of ‘‘surge control

vessel’’ in paragraph (b) to read as

follows:

§ 63.191 Definitions.

* * * * *

Surge control vessel means feed

drums, recycle drums, and intermediate

vessels. Surge control vessels are used

within a process unit when in-process

storage, mixing, or management of flow

rates or volumes is needed to assist in

production of a product.

* * * * *

11. Section 63.192 is amended by

adding paragraphs (l) and (m) to read as

follows:

§ 63.192 Standard.

* * * * *

(l) To qualify for the exemption

specified in § 63.190(b)(7) of this

subpart, the owner or operator shall

maintain the documentation of the

information required pursuant to

§ 63.190(b)(7)(i), and documentation of

any update of this information

requested by the EPA Regional Office,

and shall provide the documentation to

the EPA Regional Office upon request.

The EPA Regional Office will notify the

owner or operator, after reviewing such

documentation, whether, in the EPA

Regional Office’s judgement, the source

does not qualify for the exemption

specified in § 63.190(b)(7) of this

subpart. In such cases, compliance with

this subpart shall be required no later

than 90 days after the date of such

notification by the EPA Regional Office.

(m) An owner or operator who elects

to use the compliance extension

provisions of § 63.190(e)(5) (i) or (ii)

shall submit a compliance extension

request to the appropriate EPA Regional

Office no later than May 10, 1995. The

request shall contain the information

specified in § 63.190(e)(4)(iv) and the

reason compliance cannot reasonably be

achieved without a process unit

shutdown, as defined in § 63.161 of

subpart H or replacement of the

compressor or recasting of the distance

piece.

* * * * *

[FR Doc. 95–8199 Filed 4–7–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 63

[AD-FRL–5182–7]

RIN 2060–AC19

National Emission Standards for

Hazardous Air Pollutants for Source

Categories: Organic Hazardous Air

Pollutants from the Synthetic Organic

Chemical Manufacturing Industry and

Other Processes Subject to the

Negotiated Regulation for Equipment

Leaks

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: This action corrects errors

and clarifies regulatory text of the

‘‘National Emission Standards for

Hazardous Air Pollutants for Source

Categories: Organic Hazardous Air

Pollutants from the Synthetic Organic

Chemical Manufacturing Industry and

Other Processes Subject to the

Negotiated Regulation for Equipment

Leaks,’’ which was issued as a final rule

on April 22, 1994 and June 6, 1994. This

rule is commonly known as the

Hazardous Organic NESHAP or the

HON.

EFFECTIVE DATE: The direct final rule

will be effective May 22, 1995, unless

significant, adverse comments are

received by May 10, 1995. If significant,

adverse comments are timely received

on any provision of the direct final rule,

that provision of the direct final rule

will be withdrawn and only those

provisions on which no such adverse

comments are received will become

effective on May 22, 1995.

FOR FURTHER INFORMATION CONTACT: Dr.

Janet S. Meyer, Emission Standards

Division (MD–13), U.S. Environmental

Protection Agency, Office of Air Quality

Planning and Standards, Research

Triangle Park, North Carolina 27711,

telephone number (919) 541–5254.

SUPPLEMENTARY INFORMATION: If

significant adverse comments are timely

received on any provision of this direct

final rule, all such comments will be

addressed in a subsequent final rule

based on those provisions of the

proposed rule contained in the

Proposed Rules Section of this Federal

Register that is identical to this direct

final rule. Such provisions will be

withdrawn from the Direct Final Rule.

Provisions of the Direct Final Rule that

do not receive timely significant adverse

comment will become final 40 days

from today’s Federal Register Notice. If

no significant adverse comments are

timely filed on any provision of this

direct final rule then the entire direct

final rule will become effective 40 days

from today’s Federal Register notice

and no further action is contemplated

on the parallel proposal published

today.

On April 22, 1994 (59 FR 19402), and

June 6, 1994 (59 FR 29196), the

Environmental Protection Agency (EPA)

promulgated in the Federal Register

national emission standards for

hazardous air pollutants (NESHAP) for

the synthetic organic chemical

manufacturing industry (SOCMI), and

for several other processes subject to the

equipment leaks portion of the rule.

These regulations were promulgated as

subparts F, G, H, and I in 40 CFR part

63, and are commonly referred to as the

hazardous organic NESHAP, or the

HON.

This document corrects several

oversights in the drafting of subparts F,

H, and I of the final regulation. Also,

several definitions are being added to

subparts H and I to clarify the intent of

certain provisions in these subparts.

These changes do not significantly

modify the requirements of the

regulation.

I. Description of Changes

A. Compliance Dates for Emission

Points at Existing Sources Affected by

Operational Changes

Subparts F and G established

administrative procedures to address

operational changes that were believed

likely to occur at SOCMI facilities.

These procedures specify the

notification and approval requirements

for each type of change as well as the

compliance date for equipment affected

by the change. When these provisions

(§ 63.100(l)) were drafted the need to

include surge control vessels and

bottoms receivers in the list of potential

changes was not recognized. Because

the nature of the equipment changes

required for control of surge control

vessels and bottoms receivers is similar

to that required for compliance with

subpart G, similar compliance times

need to be provided for surge control

vessels and bottoms receivers.

Therefore, the provisions in paragraphs

(l)(4) and (l)(4)(ii) in § 63.100 are being

revised to include surge control vessels

and bottoms receivers.
Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Rules and Regulations 18027

B. Startup/Shutdown/Malfunction Plan

The EPA has received numerous

inquiries regarding the applicability of

the startup/shutdown/malfunction plan

required by § 63.6(e) of subpart A to

equipment subject to the provisions of

subpart H. Questions raised include

whether the plan only applies to control

devices used to comply with the

requirements of subpart H or if the plan

must also address equipment such as

valves and pumps, and if so, how would

such equipment be included in the plan.

The EPA intended the startup/

shutdown/malfunction plan to apply

only to control devices used to comply

with subpart H. However, EPA also

thought that some owners or operators

might choose to use the startup/

shutdown/malfunction plan to specify

various conditions that would justify

delay of repair for equipment such as

pumps or valves. To clarify this point,

table 3 of subpart F is being amended to

include a comment on how the

provisions concerning startup/

shutdown/malfunction plans apply to

equipment subject to subpart H. This

same comment is being added to

subpart I as a new paragraph

§ 63.192(b)(6)(ii).

C. Applicability of Subpart H Limited to

Process Lines

A new paragraph is being added to

the applicability section of subpart H

(§ 63.160) to clarify that only lines and

equipment containing process fluid are

subject to this subpart. The new

paragraph merely incorporates into the

rule the intent expressed in the

preamble to the proposed rule. This

provision had not previously been

included in subpart H because it had

been considered unnecessary. This

provision is being added now due to a

number of concerns regarding clarity of

applicability of section 112(g) case-bycase review requirements to this

equipment.

D. Definitions

Two definitions are being added to

subpart H and the definition for ‘‘duct

work’’ in subparts G and H is being

revised. A definition for ‘‘closed-purge

system’’ is being added to clarify

terminology in the rule and to better

express the Regulatory Negotiation

Committee’s (Committee) intent

regarding the requirements for sampling

connection systems. In Committee

discussions on the provisions for

sampling connection systems, the

Committee recognized the need to

provide compliance options that would

be appropriate for a wide range of

operating conditions and processes. The

Committee used the terminology

‘‘closed-purge system’’ to refer to

systems where the liquid sample purge

was captured in a container and then

returned to the process. This kind of

system was envisioned as being the

compliance option for processes

handling heavy liquids particularly

polymer processes, for low pressure

lines, and where closed-loop sampling

presented safety concerns. The

terminology ‘‘closed-loop sampling

system’’ was used to refer to a system

where the purged fluid is returned to

the process at a point of lower pressure.

A throttle valve or other device is

commonly used to induce the pressure

drop across the sample loop. These

systems can be used in higher pressure

lines and with light liquids and

materials that do not polymerize upon

exiting the process equipment.

The Committee included a definition

for ‘‘closed-loop system’’ in the rule to

distinguish it from ‘‘closed-purge

system’’. A definition for ‘‘closed purge

system’’ was not included because it

was thought that the meaning would be

understood from the terminology alone

and the definition of ‘‘closed-loop

system’’. Due to numerous questions

regarding the meaning of this term and

how it differs from ‘‘closed-loop

system’’, EPA believes that it is

necessary to add a definition to clarify

intent.

A definition for ‘‘pressure relief

device or valve’’ is being added because

EPA has received inquiries from

industry as well as from State agencies

regarding the applicability of the

provisions of § 63.165 to atmospheric

storage vessels. Pressure/vacuum vents

on atmospheric storage vessels are

typically actuated when the vessel is

filled or emptied and due to pressure

changes resulting from diurnal

temperature changes. The provisions of

§ 63.165 were never intended to apply

to these cases and are not appropriate

for these vessels. The provisions of

§ 63.165 were designed to ensure that

pressure relief devices on process lines

properly reseat after relieving a system

overpressure. Pressure relief devices are

safety devices commonly used to

prevent operating pressures from

exceeding the maximum allowable

working pressure of the process

equipment. These pressure relief

devices do not open under vacuum. The

added definition for ‘‘pressure relief

device or valve’’ is based on the type of

equipment that EPA intended to

regulate and considered in the

development of the equipment leak

standards (e.g., subparts VV, GGG, and

KKK of 40 CFR part 60) as well as

industry practice. The definition also

explicitly excludes vacuum actuated

devices as well as low pressure actuated

relief devices. The 2.5 pounds per

square inch gauge (psig) set pressure

specified in the definition is based on

the American Petroleum Institute (API)

pressure rating for atmospheric pressure

tanks. Operation at higher pressures or

vacuums may cause damage to the tank.

The EPA is revising the definition of

‘‘duct work’’ in order to more

specifically designate the intended

equipment. The term ‘‘duct work’’ is

presently defined in the rule as ‘‘a

conveyance system that does not meet

the definition of hard piping.’’ The EPA

recognizes that this definition is too

broad and can be misconstrued as

applying to tank trucks, rail cars, or

anything that conveys that is not hard

piping. The term ‘‘duct work’’ was

intended to designate systems for

conveyance of gases like those

commonly used for heating and

ventilation systems. These systems are

commonly constructed of sheet metal

and have sections connected by screws

or crimping. The revised definition uses

this description to more specifically

identify the types of systems EPA

considers more likely to develop leaks

and thus identify those systems where

annual inspection with an instrument

that meets the specifications of Method

21 is appropriate.

The definition for ‘‘Research and

Development Facility’’ was

inadvertently omitted from subpart I

when the applicability provisions for

the non-SOCMI processes was separated

from those for the SOCMI processes.

The definition for ‘‘Research and

Development Facility’’ in § 63.101 of

subpart F is being added to § 63.191 of

subpart I to correct this oversight.

E. Miscellaneous Changes

Paragraph (b) of 63.160 is being

revised to clarify that this override of

existing equipment leak rules only

applies after the source must comply

with subpart H. The EPA has recently

learned that some people have

interpreted the rule to allow suspension

of compliance with applicable part 60 or

61 equipment leak rules even though

the subpart H compliance date had not

occurred yet. The Committee’s intent

with this provision was to avoid

duplication of effort. Owing to the

confusion surrounding the present

language, EPA is correcting the drafting

of this paragraph.

Paragraph (a) of § 63.169 of subpart H

is revised to clarify that there must be

potential for discharge to the

atmosphere before repair is required. It

is necessary to clarify this point because

there are processes where pressure relief
18028 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Rules and Regulations

devices discharge into a lower pressure

section of the process and there are no

emissions to the atmosphere. The EPA

is clarifying the language in § 63.169(a)

to avoid unnecessary repair actions and

recordkeeping. This clarification does

not alter the requirement for

documentation of proper reseating of

pressure relief devices or valves that

vent to the atmosphere.

The EPA is also correcting paragraph

(b) of § 63.169 by adding the leak

definition for pumps in polymerizing

monomer service. Section 63.169(b)

presently defines a leak for pumps in

heavy liquid service as 2,000 parts per

million (ppm) regardless of the material

handled. The EPA believes that use of

the 2,000 ppm leak definition for all

pumps in heavy liquid service was a

drafting oversight since it was the

Committee’s judgment in establishing

the standard for pumps in light liquid

service that 5,000 ppm represented best

performance (§ 63.163(b)(2)(iii)) for

pumps handling polymerizing

monomers.

The recordkeeping requirement for

owners or operators who elect to adjust

monitoring frequency by time in use

was inadvertently included with the

recordkeeping requirements for pressure

testing of equipment (§ 63.181(e)(2)).

This requirement is only relevant for

those batch processes for which the

owner or operator elects compliance

using the leak detection and repair

program in § 63.178(c). Most of the

recordkeeping requirements for

§ 63.178(c) are presented in

§ 63.181(b)(9). Therefore, paragraph

(e)(2) is being redesignated as paragraph

(b)(9)(ii). Section 63.181(e)(2) is being

reserved to avoid renumbering the rest

of paragraph (e).

The EPA has recently received several

inquiries regarding the time period to be

covered in the first semiannual report.

The concern is that § 63.182(d)(1)

appears to require the periodic report to

include a summary of the monitoring

information for the period on the day

that the report is due. Thus, the owners

and operators of sources subject to

subpart H would have no time to

compile, analyze, and organize the raw

data for the report. The EPA intended to

provide owners and operators of sources

subject to subpart H 90 days to compile,

analyze, and organize data for the

periodic reports. The present wording of

§ 63.182(d)(1) does not clearly

communicate that intent. Therefore,

§ 63.182(d)(1) is being amended by

adding two sentences to specify that the

first periodic report shall cover the first

6-month period from the compliance

date and that each subsequent report

would cover the 6-month period from

the last report.

The EPA has also recently determined

that a reporting requirement that was

intended for screwed connectors subject

to § 63.174(c) was inadvertently retained

in the final rule. During consideration of

public comments on the proposed rule,

EPA had decided to remove the

requirements for separate recordkeeping

and reporting for screwed connectors in

order to reduce the burden of the rule.

Due to an oversight §§ 63.182(d)(2) (x)

and (xii) were not removed as intended.

The EPA is, therefore, correcting this

oversight by removing §§ 63.182(d)(2)

(x) and (xii). These paragraphs are being

reserved to avoid renumbering the

paragraph.

II. Judicial Review

Under section 307(b)(1) of the Clean

Air Act (CAA), judicial review of the

actions taken by this final rule is

available only on the filing of a petition

for review in the U.S. Court of Appeals

for the District of Columbia Circuit

within 60 days of today’s publication of

this action. Under section 307(b)(2) of

the CAA, the requirements that are

subject to today’s notice may not be

challenged later in civil or criminal

proceedings brought by EPA to enforce

these requirements.

III. Administrative

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

1414.02) may be obtained from Sandy

Farmer, Information Policy Branch

(PM–223Y); U.S. Environmental

Protection Agency; 401 M Street, SW;

Washington, DC 20460 or by calling

(202) 260–2740.

Today’s changes to the NESHAP

should have no impact on the

information collection burden estimates

made previously. The changes consist of

new definitions and clarifications of

requirements; not additional

requirements. Consequently, the ICR has

not been revised.

B. Executive Order 12866 Review

The HON rule promulgated on April

22, 1994 was considered ‘‘significant’’

under Executive Order 12866 and a

regulatory impact analysis (RIA) was

prepared. The amendments issued today

clarify the rule and do not add any

additional control requirements. The

EPA believes that these amendments

would have a negligible impact on the

results of the RIA and the change is

considered to be within the uncertainty

of the analysis.

C. Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980

requires the identification of potentially

adverse impacts of Federal regulations

upon small business entities. The Act

specifically requires the completion of a

Regulatory Flexibility Analysis in those

instances where small business impacts

are possible. Because this rulemaking

imposes no adverse economic impacts,

a Regulatory Flexibility Analysis has not

been prepared.

List of Subjects in 40 CFR Part 63

Environmental protection, Air

pollution control, Hazardous

substances, Reporting and

recordkeeping requirements.

Dated: March 28, 1995.

Carol M. Browner,

Administrator.

For the reasons set out in the

preamble, title 40, chapter I, part 63

subparts F, H, and I of the Code of

Federal Regulations are corrected as

follows:

1. The authority citation for part 63

continues to read as follows:

Authority: sections 101, 112, 114, 116, and

301 of the Clean Air Act (42 U.S.C. 7401, et

seq., as amended by Pub. L. 101–549, 104

Stat. 2399).

Subpart F—National Emission

Standards for Organic Hazardous Air

Pollutants from the Synthetic Organic

Chemical Manufacturing Industry

2. Section 63.100 is corrected by

revising the first sentence of paragraph

(l)(4) introductory text and by revising

paragraph (l)(4)(ii)(B) to read as follows:

§ 63.100 Applicability and designation of

source.

* * * * *

(l) * * *

(4) If an additional chemical

manufacturing process unit is added to

a plant site, or if an emission point is

added to an existing chemical

manufacturing process unit, or if

another deliberate operational process

change creating an additional Group 1

emission point(s) is made to an existing

chemical manufacturing process unit, or

if a surge control vessel or bottoms

receiver becomes subject to § 63.170 of

subpart H, or if a compressor becomes

subject to § 63.164 of subpart H, and if

the addition or change is not subject to

the new source requirements as

determined according to paragraphs

(l)(1) or (l)(2) of this section, the
Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Rules and Regulations 18029

requirements in paragraphs (l)(4)(i)

through (l)(4)(iii) of this section shall

apply. * * *

(ii) * * *

(B) If a deliberate operational process

change to an existing chemical

manufacturing process unit causes a

Group 2 emission point to become a

Group 1 emission point, if a surge

control vessel or bottoms receiver

becomes subject to § 63.170 of subpart

H, or if a compressor becomes subject to

§ 63.164 of subpart H, the owner or

operator shall be in compliance upon

initial start-up or by 3 years after April

22, 1994, whichever is later, unless the

owner or operator demonstrates to the

Administrator that achieving

compliance will take longer than

making the change. If this

demonstration is made to the

Administrator’s satisfaction, the owner

or operator shall follow the procedures

in paragraphs (m)(1) through (m)(3) of

this section to establish a compliance

date.

* * * * *

Table 3 of Subpart F—[Amended]

3. In Table 3 of subpart F, is the entry

for ‘‘63.6(e)’’ is amended by adding two

sentences in the ‘‘Comment’’ column to

read as follows:

Table 3 to Subpart F—General

Provisions Applicability to Subpart F, G

and H

* * * * *

Reference

Applies to Subparts F, G, and

H

Comment

* * * * * * *

63.6(e) ............... Yes ................... * * * For subpart H, the startup, shutdown, and malfunction plan requirement of § 63.6(e)(3) is limited to

control devices subject to the provisions of subpart H and is optional for other equipment subject to subpart H. The startup, shutdown, and malfunction plan may include written procedures that identify conditions that justify a delay of repair.

* * * * * * *

Subpart G—National Emission

Standards for Organic Hazardous Air

Pollutants from Synthetic Organic

Chemical Manufacturing Industry

Process Vents, Storage Vessels,

Transfer Operations, and Wastewater

4. Section 63.111 is amended by

revising the definition for ‘‘duct work’’

to read as follows:

§ 63.110 Definitions.

* * * * *

Duct work means a conveyance

system such as those commonly used

for heating and ventilation systems. It is

often made of sheet metal and often has

sections connected by screws or

crimping. Hard-piping is not ductwork.

* * * * *

Subpart H—National Emission

Standards for Organic Hazardous Air

Pollutants for Equipment Leaks.

5. Section 63.160 is amended by

removing paragraph (d), redesignating

paragraph (c) as paragraph (d); by

revising paragraph (b); by adding and

reserving a new paragraph (c), and by

adding a new paragraph (e) to read as

follows:

§ 63.160 Applicability and designation of

source.

* * * * *

(b) After the compliance date for a

process unit, equipment to which this

subpart applies that are also subject to

the provisions of:

(1) 40 CFR part 60 will be required to

comply only with the provisions of this

subpart.

(2) 40 CFR part 61 will be required to

comply only with the provisions of this

subpart.

* * * * *

(e) Except as provided in any subpart

that references this subpart, lines and

equipment not containing process fluids

are not subject to the provisions of this

subpart. Utilities, and other non-process

lines, such as heating and cooling

systems which do not combine their

materials with those in the processes

they serve, are not considered to be part

of a process unit.

* * * * *

6. Section 63.161 is amended by

adding in alphabetical order definitions

for ‘‘closed-purge system’’ and

‘‘pressure relief device’’ and by revising

the definition for ‘‘duct work’’ to read as

follows:

* * * * *

§ 63.161 Definitions.

* * * * *

Closed-purge system means a system

or combination of system and portable

containers, to capture purged liquids.

Containers must be covered or closed

when not being filled or emptied.

* * * * *

Duct work means a conveyance

system such as those commonly used

for heating and ventilation systems. It is

often made of sheet metal and often has

sections connected by screws or

crimping. Hard-piping is not ductwork.

* * * * *

Pressure relief device or valve means

a safety device used to prevent

operating pressures from exceeding the

maximum allowable working pressure

of the process equipment. A common

pressure relief device is a spring-loaded

pressure relief valve. Devices that are

actuated either by a pressure of less than

or equal to 2.5 psig or by a vacuum are

not pressure relief devices.

* * * * *

7. Section 63.169 is amended by

revising paragraphs (a) and (b) to read

as follows:

§ 63.169 Standards: Pumps, valves,

connectors, and agitators in heavy liquid

service; instrumentation systems; and

pressure relief devices in liquid service.

(a) Pumps, valves, connectors, and

agitators in heavy liquid service,

pressure relief devices in light liquid or

heavy liquid service, and

instrumentation systems shall be

monitored within 5 calendar days by the

method specified in § 63.180(b) of this

subpart if evidence of a potential leak to

the atmosphere is found by visual,

audible, olfactory, or any other

detection method. If such a potential

leak is repaired as required in

paragraphs (c) and (d) of this section, it

is not necessary to monitor the system

for leaks by the method specified in

§ 63.180(b) of this subpart.

(b) If an instrument reading of 10,000

parts per million or greater for agitators,

5,000 parts per million or greater for
18030 Federal Register / Vol. 60, No. 68 / Monday, April 10, 1995 / Rules and Regulations

pumps handling polymerizing

monomers, 2,000 parts per million or

greater for pumps in food/medical

service or pumps subject to

§ 63.163(b)(iii)(C), or 500 parts per

million or greater for valves, connectors,

instrumentation systems, and pressure

relief devices is measured, a leak is

detected.

* * * * *

8. Section 63.181 is amended by

redesignating paragraph (b)(9) as

paragraph (b)(9)(i), by redesignating

paragraph (e)(2) as paragraph (b)(9)(ii),

and by reserving paragraph (e)(2).

§ 63.181 Recordkeeping requirements.

9. Section 63.182 is amended by

adding two sentences to paragraph

(d)(1) and by removing and reserving

paragraphs (d)(2)(x) and (xii) to read as

follows:

§ 63.182 Reporting requirements.

* * * * *

(d) * * *

(1) * * * The first periodic report shall

cover the first 6 months after the

compliance date specified in

§ 63.100(k)(3) of subpart F. Each

subsequent periodic report shall cover

the 6 month period following the

preceding period.

* * * * *

Subpart I—National Emission

Standards for Organic Hazardous Air

Pollutants for Certain Processes

Subject to the Negotiated Regulation

for Equipment Leaks.

10. Section 63.191 is amended by

adding in alphbertical order a definition

for ‘‘research and development facility’’

to paragraph (b) to read as follows:

§ 63.191 Definitions.

(b) * * *

Research and development facility

means laboratory and pilot plant

operations whose primary purpose is to

conduct research and development into

new processes and products, where the

operations are under the close

supervision of technically trained

personnel, and is not engaged in the

manufacture of products except in a

deminimis manner.

* * * * *

11. Section 63.192 is amended by

redesignating paragraph (b)(6) as

paragraph (b)(6)(i) and adding paragraph

(b)(6)(ii) to read as follows:

§ 63.192 Standard.

* * * * *

(b) * * *

(6)(i) * * *

(ii) The operational and maintenance

requirements of § 63.6(e). The startup,

shutdown, and malfunction plan

requirement of § 63.6(e)(3) is limited to

control devices subject to the provisions

of subpart H of part 63 and is optional

for other equipment subject to subpart

H. The startup, shutdown, and

malfunction plan may include written

procedures that identify conditions that

justify a delay of repair.

* * * * *

[FR Doc. 95–8198 Filed 4–7–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Public Land Order 7131

[NV–930–1430–01; NV–57922]

Withdrawal of Public Land to the

United States Air Force; Nevada

AGENCY: Bureau of Land Management,

Interior.

ACTION: Public Land Order.

SUMMARY: This order withdraws

3,972.04 acres of public land from

surface entry, mining, and mineral

leasing until November 6, 2001, for the

United States Air Force to provide a

safety and security buffer between

public land administered by the Bureau

of Land Management and withdrawn

land under the jurisdiction of the Nellis

Air Force Range.

EFFECTIVE DATE: April 7, 1995.

FOR FURTHER INFORMATION CONTACT:

Dennis Samuelson, BLM Nevada State

Office, P.O. Box 12000, Reno, Nevada

89520, (702) 785–6507.

By virtue of the authority vested in

the Secretary of the Interior by Section

204 of the Federal Land Policy and

Management Act of 1976, 43 U.S.C.

1714 (1988), it is ordered as follows:

1. Subject to valid existing rights, the

following described public land is

hereby withdrawn from settlement, sale,

location, or entry under the general land

laws, including the United States

mining laws (30 U.S.C. Ch. 2 (1988)),

and from leasing under the mineral

leasing laws, to provide a safety and

security buffer for the United States Air

Force at Nellis Range:

Mount Diablo Meridian

T. 6 S., R. 56 E., unsurveyed

Sec. 25;

Sec. 36.

T. 7 S., R. 56 E., unsurveyed

Sec. 1;

Sec. 13, W1⁄2;

Sec. 24, NW1⁄4.

T. 6 S., R. 57 E.,

Sec. 30, lots 1 to 4, inclusive, and E1⁄2W1⁄2;

Sec. 31, lots 1 to 4, inclusive, and E1⁄2W1⁄2,

E1⁄2.

T. 7 S., R 57 E.,

Sec. 6, lots 1 to 7, inclusive, S1⁄2NE1⁄4,

SE1⁄4NW1⁄4, E1⁄2SW1⁄4, and SE1⁄4.

The area described contains 3,972.04 acres

in Lincoln County.

2. This withdrawal will expire on

November 6, 2001, unless, as a result of

a review conducted before the

expiration date pursuant to Section

204(f) of the Federal Land Policy and

Management Act of 1976, 43 U.S.C.

1714(f) (1988), the Secretary determines

that the withdrawal shall be extended.

Bob Armstrong,

Assistant Secretary of the Interior

[FR Doc. 95–8756 Filed 4–7–95; 8:45 am]

BILLING CODE 4310–HC–P

DEPARTMENT OF ENERGY

48 CFR Parts 915, 916 and 970

RIN 1991–AB19

Acquisition Regulation: Certified Cost

or Pricing Data Threshold and

Requirements for a Determination and

Findings for Use of CostReimbursement Contracts

AGENCY: Department of Energy.

ACTION: Interim rule and request for

comment.

SUMMARY: The Department of Energy is

issuing an interim rule increasing the

threshold for certified cost or pricing

data from $100,000 to $500,000 and

deleting the requirement for

determinations and findings for use of

cost reimbursement contracts. These

changes are required by the Federal

Acquisition Streamlining Act of 1994

and subsequent changes to the Federal

Acquisition Regulation (FAR).

DATES: Effective Date: April 10, 1995.

Comment Date: Written comments

must be submitted no later than June 9,

1995.

ADDRESSES: Comments should be

addressed to: Terrence D. Sheppard,

Business and Financial Policy Division

(HR–521.2), Office of Procurement and

Assistance Management, Department of

Energy, 1000 Independence Avenue

SW., Washington, D.C. 20585.

FOR FURTHER INFORMATION CONTACT:

Terrence D. Sheppard, (202) 586–8174.

SUPPLEMENTARY INFORMATION:

I. Background

II. Public Comments

III. Procedural Requirements

A. Review Under Executive Order 12866

B. Review Under Executive Order 12778

C. Review Under the Paperwork Reduction

Act