List of Regulated Substances for Accidental Release Prevention Under Section 112(r) of the Clean Air Act as Amended; Risk Management Programs for Chemical Accident Release Prevention Under Section 112(r)(7) of the Clean Air Act as Amended

SUMMARY: The Clean Air Act Amendments of 1990, signed into law on

November 15, 1990, include provisions for chemical accident prevention.

Elsewhere in this issue of the Federal Register, the Environmental

Protection Agency is promulgating the list of regulated substances and

thresholds required under section 112 (r) of the Clean Air Act as

amended. The list and threshold quantities will identify facilities

subject to chemical accident prevention regulations to be promulgated

under section 112(r) of the Clean Air Act as amended; a proposed

regulation for such requirements was published in the Federal Register

on October 20, 1993 (58 FR 54190). In promulgating the list, EPA is

deferring action on threshold quantities for listed flammable

substances when used solely for facility consumption as fuel (see 58 FR

5102, 5120, (January 19, 1993)). EPA requests additional public comment

on the hazards associated with flammables used as fuel and the

appropriateness of the proposed exemption. In addition, EPA requests

comments on the impacts of proposed accident prevention requirements

under section 112(r)(7), on sources that would be covered by the

requirements in the absence of an exemption, and on ways of reducing

the impacts of these requirements. Comments will be placed in the

dockets for both the list of regulated substances and the chemical

accident prevention regulations.

DATES: Comments must be submitted on or before March 2, 1994.

ADDRESSES: Comments may be mailed or submitted to: Environmental

Protection Agency, Attn: Docket No. (A-91-74), room 1500, Waterside

Mall, 401 M Street SW., Washington, DC 20460. Comments must be

submitted in triplicate.

DOCKET: Supporting information used in developing both the proposed and

final list rules is contained in Docket No. A-91-74. Supporting

information used in developing the chemical accident prevention

regulations proposed rule is contained in Docket No. A-91-73. These

dockets are available for public inspection and copying between 8 a.m.

and 4 p.m., Monday through Friday at the address listed above. A

reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Vanessa Rodriguez (202) 260-7913,

Chemical Emergency Preparedness and Prevention Office (5101), US

Environmental Protection Agency, 401 M Street SW., Washington, DC

20460, or the Emergency Planning and Community-Right-to-Know Hot Line

at 1-800-535-0202.

SUPPLEMENTARY INFORMATION:

I. Introduction

A. Statutory Authority

B. Background

II. Use of Flammable Substances as Fuel

A. Regulatory History

B. Hazards Information

C. Regulatory Impact

I. Introduction

A. Statutory Authority

This notice is being issued under sections 112(r) and 301 of the

Clean Air Act (CAA or Act) as amended (42 U.S.C. 7412(r), 7601).

B. Background

Section 112(r) of the Clean Air Act of 1990 establishes chemical

accident prevention provisions that focus on chemicals posing a

significant hazard to the community. The intent of these provisions is

to require facility risk management practices that will prevent

chemical accidents from occurring and will minimize the impacts of

accidents that do occur. Section 112(r)(3) of the CAA requires EPA to

promulgate an initial list of at least 100 substances (``regulated

substances'') that are known to cause, or may be reasonably anticipated

to cause, death, injury, or adverse effects to human health and the

environment. Section 112(r)(5) requires EPA to set threshold quantities

for each listed substance. EPA is promulgating the list of regulated

substances and threshold quantities elsewhere in this issue of the

Federal Register. The list is composed of three categories: toxic

substances, flammable substances, and explosive substances. Threshold

quantities for toxic substances range from 500 to 20,000 pounds. For

all listed flammable substances, the threshold quantity is 10,000

pounds, and for all explosive substances, the threshold quantity is

5,000 pounds.

Under CAA section 112(r)(7), the Act requires EPA to promulgate

reasonable regulations and appropriate guidance to provide for the

prevention and detection of accidental releases and for response to

such releases. The accident prevention regulations will apply to

stationary sources that have present more than a threshold quantity of

a regulated substance. These regulations shall address, as appropriate,

the use, operation, repair, and maintenance of equipment to monitor,

detect, inspect, and control releases, including training of personnel

in the use and maintenance of equipment or in the conduct of periodic

inspections. The regulations shall include requirements for the

development and submission of Risk Management Plans (RMPs) by regulated

facilities. The RMP shall include a hazard assessment, a prevention

program, and an emergency response program. The proposed rule for

accident prevention, Risk Management Programs for Chemical Accidental

Release Prevention, was published on October 20, 1993 (58 FR 54190).

II. Use of Flammable Substances as Fuel

A. Regulatory History

In the proposed rule to establish a list of regulated substances

(58 FR 5102, 5120 (January 19, 1993)), EPA proposed to exempt from the

10,000-pound threshold determination flammable substances used solely

for facility consumption as fuel. The final rule establishing a list of

regulated substances (see the final rule published elsewhere in this

issue) defers action on this exemption. EPA plans to make a

determination on the exemption before or at the time it publishes a

final rule for risk management planning.

A number of commenters supported the exemption, arguing that it is

appropriate to exclude on-site storage and use of hydrocarbon fuels for

what were referred to as ``low risk applications'' (e.g., heating and

drying). Some commenters appeared to interpret the exemption to apply

to process-related operations, such as process heaters; this exclusion

was not intended by the Agency. It also was argued by commenters that

current fire protection standards and emergency procedures provide

acceptable means to prevent accidental releases and minimize the

impacts in the event of a release.

Other commenters opposed an exemption for facility consumption as

fuel. These commenters argued that use of flammable substances for fuel

is probably responsible for more public risk than all other uses of

flammables combined, and that the Agency had not made hazard- or risk-

based arguments in support of the exemption. These commenters noted

that the proposed exemption would allow the handling of large

quantities of listed flammable substances without the development of

risk management plans.

The Agency currently lacks information or evidence to demonstrate

that the hazard and potential for an accidental release is different

for the storage, transfer, or use of a flammable substance used solely

as fuel from the storage, transfer, or use of the same substance in a

chemical process. The Agency also has data available in the docket

indicating that flammable substances used solely as fuel have been

involved in accidental releases. Therefore, the Agency seeks comment on

the appropriateness of this exemption.

B. Hazards Information

EPA requests comments supported by data on the hazards associated

with the use of EPA-listed flammable substances as fuel. In particular,

the Agency seeks data on actual and potential off-site impacts. For

example, EPA recognizes that serious hazards are associated with

propane, but would like additional information concerning the impacts

of propane accidents, as related to propane use as fuel, on the public.

EPA also requests comment on whether a hazard-based distinction can be

made between flammable substances used as fuel and flammable substances

otherwise regulated under the accident prevention program. In

particular, are the hazards associated with handling flammables for

fuel uses greater or lower than the hazards associated with using the

same substances in industrial processes otherwise regulated under the

accident prevention program?

The Occupational Safety and Health Administration (OSHA) exempted

under its process safety management standards ``Hydrocarbon fuels used

solely for workplace consumption as a fuel * * * if such fuels are not

part of a process containing another highly hazardous chemical covered

by the [process safety management] standard'' (see 57 FR 6356, 6367

(February 24, 1992)). In part, OSHA's expressed rationale was that this

type of use did not have the same catastrophic potential to workers as

other uses. Fuel storage and handling may be systematically different

(due to industrial standards, technology, and regulation) than storage

and handling of a substance for other uses. EPA requests comments

supported by available data regarding whether the use of a flammable

substance as a fuel affects the amount of the substance that may

reasonably be anticipated to cause off-site impacts of concern as a

result of an accidental release. Another question concerns the extent

to which a hazard-based distinction can be made between the EPA-

regulated flammables and the larger OSHA universe of flammable

substances when they are used as fuel.

C. Regulatory Impact

EPA requests additional information on: (1) the kinds of

substances, (2) the types and number of facilities, especially small

businesses, and (3) the uses of flammables that would be affected by an

exemption for the use of flammable substances as fuels. EPA also

requests comment on the appropriateness of the risk management program

as described in the proposed rule of October 20, 1993 (see 58 FR 54190)

for this regulated universe.

Comments are sought on the extent and effectiveness of existing

voluntary and regulatory programs that may reduce hazards associated

with the use of flammables as fuel, as well as the degree to which such

requirements accomplish the same goals (e.g., availability of

information to the public) as the proposed chemical accident prevention

program and plans. For instance, information on the OSHA process safety

management standard and on fire protection measures and emergency

procedures at the state and local level is requested. As OSHA noted,

the OSHA standards for flammable and combustible liquids and liquified

petroleum gases address flammables used as fuel (see 57 FR 6367). Do

these standards fulfill particular aspects of EPA's proposed program,

such as the prevention program element?

EPA also seeks comment on ways to reduce the impact of the risk

management planning regulations on users of flammables as fuel if the

Agency determines that an exemption is not warranted. Alternatives

include the use of model RMPs to assist facility owners and operators

and streamlined procedures for meeting accident prevention program and

plan requirements. EPA solicits comments on the way in which such

approaches can be implemented and on specific components of the risk

management and plan requirements that are anticipated to place

significant burdens on small business.

List of Subjects

Environmental protection.

Dated: January 14, 1994.

Carol M. Browner,

Administrator.

[FR Doc. 94-1557 Filed 1-28-94; 8:45 am]

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