[Federal Register Volume 59, Number 20 (Monday, January 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1557]
[[Page Unknown]]
[Federal Register: January 31, 1994]
ENVIRONMENTAL PROTECTION AGENCY
[FRL-4828-7]
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
AGENCY: Environmental Protection Agency (EPA).
ACTION: Supplemental notice.
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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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