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

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

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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

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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