27788 Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Rules and Regulations

TABLE 1 TO SUBPART N OF PART 63—GENERAL PROVISIONS APPLICABILITY TO SUBPART N—Continued

General provisions

reference Applies to subpart N Comment

* * * * * * *

Subpart O—[Amended]

7. Section 63.360 is amended by

revising paragraph (f) to read as follows:

§ 63.360 Applicability.

* * * * *

(f) The owner or operator of a source,

subject to the provisions of the title 40,

chapter I, part 63 subpart O, using 1 ton

(see definition) is subject to title V

permitting requirements. These affected

sources, if not major or located at major

sources as defined under 40 CFR 70.2,

may be deferred by the applicable title

V permitting authority from title V

permitting requirements for 5 years after

the date on which the EPA first

approves a part 70 program (i.e., until

December 9, 1999). All sources

receiving deferrals shall submit title V

permit applications within 12 months of

such date (by December 9, 2000). All

sources receiving deferrals still must

meet compliance schedule as stated in

this § 63.360.

* * * * *

Subpart M—[Amended]

8. Section 63.320 is amended by

adding paragraph (k) to read as follows:

§ 63.320 Applicability.

* * * * *

(k) The owner or operator of any

source subject to the provisions of this

subpart M is subject to title V permitting

requirements. These affected sources, if

not major or located at major sources as

defined under 40 CFR 70.2, may be

deferred by the applicable title V

permitting authority from title V

permitting requirements for 5 years after

the date on which the EPA first

approves a part 70 program (i.e., until

December 9, 1999). All sources

receiving deferrals shall submit title V

permit applications within 12 months of

such date (by December 9, 2000). All

sources receiving deferrals still must

meet compliance schedule as stated in

this § 63.320.

Subpart X—[Amended]

9. Section 63.541 is amended by

adding paragraph (c) to read as follows:

§ 63.541 Applicability.

* * * * *

(c) The owner or operator of any

source subject to the provisions of this

subpart X is subject to title V permitting

requirements. These affected sources, if

not major or located at major sources as

defined under 40 CFR 70.2, may be

deferred by the applicable title V

permitting authority from title V

permitting requirements for 5 years after

the date on which the EPA first

approves a part 70 program (i.e., until

December 9, 1999). All sources

receiving deferrals shall submit title V

permit applications within 12 months of

such date (by December 9, 2000). All

sources receiving deferrals still must

meet compliance schedule as stated in

§ 63.546.

[FR Doc. 96–13825 Filed 6–3–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 300

[FRL–5512–1]

National Oil and Hazardous

Substances Pollution Contingency

Plan National Priorities List

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of deletion of Newport

Dump Superfund Site, Wilder,

Kentucky, from the National Priorities

List

SUMMARY: The U.S. Environmental

Protection Agency (EPA) announces the

deletion of the Newport Dump

Superfund Site in Wilder, Kentucky,

from the National Priorities List (NPL),

{Appendix B of the National Oil and

Hazardous Substances Pollution

Contingency Plan (NCP)}. EPA and the

Commonwealth of Kentucky have

determined that all appropriate Fundfinanced responses under the

Comprehensive Environmental

Response, Compensation and Liability

Act (CERCLA), as amended, have been

implemented and that no further

cleanup is appropriate. Moreover, EPA

and the Commonwealth of Kentucky

determined that response actions

conducted at the site to date have been

protective of public health, welfare, and

the environment. This deletion does not

preclude future action under Superfund.

EFFECTIVE DATE: May 31, 1996.

FOR FURTHER INFORMATION CONTACT: Liza

Montalvo, Remedial Project Manager,

U.S. Environmental Protection Agency,

Region 4, North Superfund Remedial

Branch, 345 Courtland Street NE.,

Atlanta, GA 30365, (404) 347–7791,

extension 2030.

SUPPLEMENTARY INFORMATION: The site to

be deleted from the NPL is: Newport

Dump Superfund Site, Wilder,

Kentucky.

A Notice of Intent To Delete for this

site was published on May 16, 1988

(SW–FRL–3380–7). A Revised Notice of

Intent To Delete was published on

March 8, 1996 (FRL–5436–5). The

closing date for comments on the

Revised Notice of Intent To Delete was

April 17, 1996. EPA received no

comments.

EPA identifies sites that appear to

present a significant risk to public

health, welfare, or the environment and

it maintains the NPL as the list of those

sites. Any site deleted from the NPL

remains eligible for Fund-financed

remedial actions in the unlikely event

that conditions at the site warrant such

action in the future. Section

300.425(e)(3) of the NCP states that

Fund-financed actions may be taken at

sites deleted from the NPL. Deletion of

a site from the NPL does not affect

responsible party liability or impede

agency efforts to recover costs

associated with response efforts.

List of Subjects in 40 CFR Part 300

Environmental Protection, Air

Pollution Control, Chemicals,

Hazardous Waste, Hazardous

Substances, Intergovernmental

Relations, Penalties, Reporting and

Recordkeeping Requirements,

Superfund, Water Pollution Control,

and Water Supply.

Dated: May 21, 1996.

A. Stanley Meiburg,

Deputy Regional Administrator, U.S. EPA

Region 4.

For the reasons set out in the

preamble, 40 CFR part 300 is amended

as follows:

PART 300—[AMENDED]

The authority citation for Part 300

continues to read as follows:

Authority: 42 U.S.C. 9601–9657; 33 U.S.C.

1321(c)(2); E.O. 12777, 56 FR 54757; 3 CFR

1991 Comp., p. 351; E.O. 12580, 52 FR 2923;

3 CFR, 1987 Comp., p. 193.
Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Rules and Regulations 27789

Appendix B to Part 300—[Amended]

2. Table 1 of Appendix B to part 300

is amended by removing the site

Newport Dump, Newport, Kentucky.

[FR Doc. 96–13826 Filed 5–31–96; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Parts 190, 191, 192 and 193

[Docket PS–125; Notice 2]

RIN 2137–AC28

Regulatory Reinvention Initiative:

Pipeline Safety Program Procedures;

Reporting Requirements; Gas Pipeline

Standards; and Liquefied Natural Gas

Facilities Standards

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Final rule.

SUMMARY: This final rule changes

various administrative practices in the

pipeline safety program and makes

minor modifications to requirements for

gas detection, protective enclosures, and

pipeline testing temperatures. These

changes will eliminate unnecessary or

overly burdensome requirements, and

reduce costs in the pipeline industries

without compromising safety.

EFFECTIVE DATE: The effective date of

this final rule is July 3, 1996. However,

affected parties will not have to comply

with the information collection

requirements in 49 CFR 193. 2819(f) and

193.2907 (a) and (b) until the DOT

publishes in the Federal Register the

Control Numbers assigned by the Office

of Management and Budget (OMB) to

these collection of information

requirements. Publication of the Control

Numbers notifies the public that OMB

has approved these requirements under

the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: L.E.

Herrick, (202) 366–5523 or online at

herrickl@rspa.dot.gov regarding the

subject matter of this final rule, or the

Dockets Unit, (202) 366–5046, regarding

copies of this final rule or other

information in the docket.

SUPPLEMENTARY INFORMATION:

Background

In a memorandum dated March 4,

1995, the President provided direction

to the heads of Departments and

agencies on carrying out his Regulatory

Reform Initiative for reinventing the

government. As part of this initiative,

RSPA established a program to review

existing pipeline safety regulations in

order to identify those that were

outdated or in need of reform.

On April 5, 1995, RSPA published a

notice in the Federal Register soliciting

comments from the pipeline industry as

well as other interested parties (60 FR

17295, April 5, 1995). RSPA also

conducted three outreach meetings in

1995 in Dallas, TX, Lakewood CO, and

Houston, TX. Many comments were

received both at the outreach meetings

and in response to the Federal Register

notice.

As a result of these comments, RSPA

revisited this rulemaking which began

in 1992. On November 6, 1992, RSPA

published a notice of proposed

rulemaking (NPRM) (57 FR 53085,

November 6, 1992) proposing changes to

parts 190, 191, 192 and 193. The

comment period closed on December 7,

1992. RSPA received comments from 22

regulated pipeline companies, three

pipeline trade associations, one

consultant, one technical committee,

and two state agencies (29 total

comments received).

RSPA also requested a review of the

proposal affecting natural gas facilities

by mail balloting from the Technical

Pipeline Safety Standards Committee

(TPSSC). This 15-member committee

was established by statute to consider

the feasibility, reasonableness, and

practicability of all proposed pipeline

safety regulations.

After initial balloting, each TPSSC

member reviewed the ballots and

comments of each of the other members,

and had the option to change his or her

initial vote or comment if desired.

Although some TPSSC members did not

vote on every proposed change, a

majority of TPSSC members found all

the changes adopted by this rule to be

technically feasible, reasonable, and

practicable.

Changes to Part 190 Requirements

Section 190.203 Inspections

Section 190.203(c) currently requires

that, after an Office of Pipeline Safety

(OPS) inspection, an operator must

respond to a ‘‘Request for Specific

Information within 30 days.’’ RSPA

proposed amending this section to

increase the time to 45 days. The

increase would enable the operator to

provide RSPA with more complete

information to use in evaluating

inspection results.

RSPA received 19 comments from

operators, State regulatory agencies and

trade groups in response to this

proposal. All commenters agreed that

the time period should be extended. In

addition, one commenter suggested that

a further extension be granted to cases

involving detailed ‘‘specific

information’’ that may require longer

than 45 days to gather.

RSPA Response

RSPA believes that 45 days will

usually be adequate. In situations where

more time is required the Regional

Director has the authority to extend the

time allowed for a response. Therefore,

the revision is adopted as proposed.

Section 190.209 Response Options

RSPA proposed deleting section

190.209(c). Section 190.209(c) currently

allows a respondent to offer a

compromise to a Notice of Probable

Violation and Proposed Civil Penalty by

submitting a check or money order for

the amount offered to the Regional

Director who forwards the offer to the

Associate Administrator, OPS for action.

If the Associate Administrator, OPS,

accepts the offer in compromise, the

respondent is notified in writing that

the acceptance is in full settlement of

the civil penalty action. If an offer in

compromise is rejected, it is returned to

the respondent with written

notification.

RSPA received 19 comments from

operators, State regulatory agencies and

trade groups on the proposed deletion of

§ 190.209(c). Most commenters agreed

with the proposed deletion. Two

commenters disagree with the proposed

deletion, preferring to retain the option

and stating that § 190.209(c) does not

place an undue regulatory burden upon

industry.

All commenters observed that the

deletion also affects § 190.209(a)(2) and

§§ 190.227 (a), (b), and (d) and that these

sections should also be revised for

consistency.

RSPA Response

Under current Federal policy,

assessment of a penalty is not

contemplated until after a finding of

violation. As a result, RSPA has not

routinely resolved cases without such

findings. The submission of a check

prior to establishing a finding of

violation unnecessarily restricts a

company’s cash flow during the

pendency of the enforcement case.

Therefore, RSPA is adopting this

provision as proposed. In addition,

RSPA is adopting the commenters’

suggestions concerning §§ 190.209(a)(2);

190.227(a); 190.227(b); and 190.227(d).

Section 190.211(b)

Section 190.211(b) currently provides

that in circumstances deemed