Hazardous Materials: Volatility of Unrefined Petroleum Products and Class 3 Materials, 14499-14500 [2017-05488]

Download as PDF Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Proposed Rules subsequent action based on this proposed rule. Please note that if we receive adverse comment on a particular rule, we may adopt as final those/the rule(s) that are not the subject of an adverse comment. We do not plan to open a second comment period, so anyone interested in commenting should do so at this time. If we do not receive adverse comments, no further activity is planned. For further information, please see the direct final action. 40 CFR Part 52 In the final rules section of this Federal Register, the EPA is approving the State’s SIP submittal as a direct rule without prior proposal because the Agency views this as noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no relevant adverse comments are received in response to this action no further activity is contemplated. If the EPA receives relevant adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. The EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. For additional information, see the direct final rule which is located in the rules section of this Federal Register. [EPA–R06–OAR–2016–0550; FRL–9957–55– Region 6] Dated: March 13, 2017. Samuel Coleman, Acting Regional Administrator, Region 6. Dated: January 18, 2017. Alexis Strauss, Acting Regional Administrator, Region IX. [FR Doc. 2017–05058 Filed 3–20–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY Approval and Promulgation of Implementation Plans; Texas; El Paso Carbon Monoxide Limited Maintenance Plan Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: mstockstill on DSK3G9T082PROD with PROPOSALS VerDate Sep<11>2014 15:59 Mar 20, 2017 Jkt 241001 [FR Doc. 2017–05378 Filed 3–20–17; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve the required second carbon monoxide (CO) maintenance plan as a revision to the Texas State Implementation Plan (SIP). The El Paso, Texas CO maintenance area (El Paso Area) has been demonstrating consistent air quality monitoring at or below 85% of the CO National Ambient Air Quality Standard (NAAQS or standard). Because of this, the State of Texas, through its designee, submitted the required second maintenance plan for the El Paso Area as a Limited Maintenance Plan (LMP). DATES: Written comments should be received on or before April 20, 2017. ADDRESSES: Submit your comments, identified by EPA–R06–OAR–2016– 0550, at https://www.regulations.gov or via email to riley.jeffrey@epa.gov. For additional information on how to submit comments see the detailed instructions in the ADDRESSES section of the direct final rule located in the rules section of this Federal Register. FOR FURTHER INFORMATION CONTACT: Jeffrey Riley, 214–665–8542, riley.jeffrey@epa.gov. SUMMARY: SUPPLEMENTARY INFORMATION: [EPA–R06–OAR–2011–0695; FRL–9957–42– Region 6] 14499 0695, at https://www.regulations.gov or via email to walser.john@epa.gov. For additional information on how to submit comments see the detailed instructions in the ADDRESSES section of the direct final rule located in the rules section of this Federal Register. FOR FURTHER INFORMATION CONTACT: Mr. John Walser, (214) 665–7128, walser.john@epa.gov. SUPPLEMENTARY INFORMATION: In the final rules section of this Federal Register, the EPA is approving the State’s SIP submittal as a direct rule without prior proposal because the Agency views this as noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no relevant adverse comments are received in response to this action no further activity is contemplated. If the EPA receives relevant adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. The EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. For additional information, see the direct final rule which is located in the rules section of this Federal Register. Dated: March 13, 2017. Samuel Coleman, Acting Regional Administrator, Region 6. Approval and Promulgation of Implementation Plans; New Mexico; Albuquerque/Bernalillo County; Inspection and Maintenance Program Error Correction [FR Doc. 2017–05377 Filed 3–20–17; 8:45 am] Environmental Protection Agency (EPA). ACTION: Proposed rule. Pipeline and Hazardous Materials Safety Administration AGENCY: Pursuant to the Federal Clean Air Act (CAA or Act), the Environmental Protection Agency (EPA) is proposing to approve an error correction to a previously approved diesel inspection and maintenance (I/M) program provision in Albuquerque/ Bernalillo County’s State Implementation Plan (SIP). This action is based on our determination that at the time EPA approved the diesel I/M Program the State did not have the legal authority to expand its program to require the testing of 1998 and newer diesel motor vehicles greater than 1,000 and less than 10,001 pounds. DATES: Written comments should be received on or before April 20, 2017. ADDRESSES: Submit your comments, identified by EPA–R06–OAR–2011– SUMMARY: PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 BILLING CODE 6560–50–P DEPARTMENT OF TRANSPORTATION 49 CFR Parts 171, 172, 173, 174, 177, 178, 179, and 180 [Docket No. PHMSA–2016–0077 (HM–251D)] RIN 2137–AF24 Hazardous Materials: Volatility of Unrefined Petroleum Products and Class 3 Materials Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Advance notice of proposed rulemaking (ANPRM); Extension of comment period. AGENCY: PHMSA is extending the comment period for an advance notice of proposed rulemaking that was published in the Federal Register on SUMMARY: E:\FR\FM\21MRP1.SGM 21MRP1 mstockstill on DSK3G9T082PROD with PROPOSALS 14500 Federal Register / Vol. 82, No. 53 / Tuesday, March 21, 2017 / Proposed Rules January 18, 2017. In response to stakeholder requests, the comment period will be extended for an additional 60 days, from March 20, 2017 to May 19, 2017. DATES: Comments must be received on or before May 19, 2017. To the extent possible, PHMSA will consider latefiled comments during the next stage of the rulemaking process. ADDRESSES: You may submit comments identified by Docket No. PHMSA–2016– 0077 by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. • Fax: 1–202–493–2251. • Mail: Docket Operations, U.S. Department of Transportation, West Building, Ground Floor, Room W12– 140, Routing Symbol M–30, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Delivery: To Docket Operations, Room W12–140 on the ground floor of the West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Instructions: All submissions must include the agency name and docket number for this rulemaking at the beginning of the comment. Note that all comments received will be posted without change to the docket management system, including any personal information provided. Docket: For access to the dockets to read background documents or comments received, go to https:// www.regulations.gov, or DOT’s Docket Operations Office (see ADDRESSES). Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: Lad Falat, Director, Engineering and Research, (202) 366–4545, Office of Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey VerDate Sep<11>2014 15:59 Mar 20, 2017 Jkt 241001 Avenue SE., Washington, DC 20590– 0001. SUPPLEMENTARY INFORMATION: I. Background On January 18, 2017, PHMSA published an advance notice of proposed rulemaking (ANPRM) titled, ‘‘Hazardous Materials: Volatility of Unrefined Petroleum Products and Class 3 Materials,’’ addressing the volatility of unrefined petroleum products and potentially all Class 3 flammable liquids transported by means other than pipeline. See (82 FR 5499). The ANPRM informed stakeholders of a possible change to the Hazardous Materials Regulations based on a petition for rulemaking submitted by the Attorney General of the State of New York regarding vapor pressure limits for crude oil. The ANPRM posed 39 questions on a wide variety of topics ranging from sampling and testing, proper classification, and numerous characteristics of crude oil relevant to its unique hazards. Specifically, PHMSA sought comments on whether there should be national vapor pressure standards for petroleum products and/or other Class 3 hazardous materials and, if so, recommendations for such thresholds. It was the intent of the ANPRM to obtain the views of those affected by the North Dakota Industrial Commission (NDIC) Order, as well as those who are likely to be impacted by the changes proposed in the petition P–1669 (as discussed in detail in the January 18, 2017 ANPRM), including those who are likely to benefit from, be adversely affected by, or potentially be subject to additional regulation. PHMSA sought comment on the ANPRM to assist in: 1. Determining the best metric or combination of metrics (vapor pressure or other metric) for measuring and controlling fire and explosion risk in crude oil transport; 2. Quantifying the improvement in safety if any, due to risk reduction from implementation of vapor pressure thresholds at varying levels; 3. Identifying offerors’ compliance strategies and market impacts with Reid Vapor Pressure (RVP) standards at varying levels of stringency, and estimating their economic costs and environmental impacts; 4. Identifying other regulations and industry practices, such as volatile PO 00000 Frm 00020 Fmt 4702 Sfmt 9990 organic compound emissions standards imposed through the Clean Air Act, or State regulations, or pipeline operator RVP standards, potentially affecting compliance strategies and costs, and safety benefits; 5. Evaluating the extent to which use of DOT Specification 117 tank cars mitigates the risk of transporting crude oil; 6. Comparing compliance costs of mitigation strategies with risk reduction from adoption of the petition; and 7. Balancing the benefits and costs in setting the level of the chosen metric. II. Comment Period Extension PHMSA received an initial request from the American Petroleum Institute (API) to extend the comment period for the ANPRM by 30 days. API indicated in their request that industry needs extra time to obtain information on experiences with classification, testing, sampling, and packaging of unrefined petroleum products. Because of the number of questions posted, the technical nature of the questions, and the potentially broad implications to operations throughout the supply chain, API believes the opportunity for a thorough review before responding to PHMSA is crucial for any future rulemaking. Subsequent to the API request, PHMSA has received additional requests from other entities to extend the comment period. For instance, the North Dakota Petroleum Council also requests an extension; however, they have requested a 60-day extension. PHMSA provided an initial 60-day comment period to the ANPRM. However, due to our desire to collect meaningful input from a number of potentially affected stakeholders and to the demand by various entities, we agree with the requests to extend the comment period to allow further time for public input. Given the number and variety of requests, PHMSA is extending the comment period by 60 days. Issued in Washington, DC on March 15, 2017, under authority delegated in 49 CFR 1.97. William S. Schoonover, Associate Administrator for Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration. [FR Doc. 2017–05488 Filed 3–20–17; 8:45 am] BILLING CODE 4910–60–P E:\FR\FM\21MRP1.SGM 21MRP1

Agencies

[Federal Register Volume 82, Number 53 (Tuesday, March 21, 2017)]
[Proposed Rules]
[Pages 14499-14500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05488]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 174, 177, 178, 179, and 180

[Docket No. PHMSA-2016-0077 (HM-251D)]
RIN 2137-AF24


Hazardous Materials: Volatility of Unrefined Petroleum Products 
and Class 3 Materials

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
Department of Transportation (DOT).

ACTION: Advance notice of proposed rulemaking (ANPRM); Extension of 
comment period.

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SUMMARY: PHMSA is extending the comment period for an advance notice of 
proposed rulemaking that was published in the Federal Register on

[[Page 14500]]

January 18, 2017. In response to stakeholder requests, the comment 
period will be extended for an additional 60 days, from March 20, 2017 
to May 19, 2017.

DATES: Comments must be received on or before May 19, 2017. To the 
extent possible, PHMSA will consider late-filed comments during the 
next stage of the rulemaking process.

ADDRESSES: You may submit comments identified by Docket No. PHMSA-2016-
0077 by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations, U.S. Department of 
Transportation, West Building, Ground Floor, Room W12-140, Routing 
Symbol M-30, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: To Docket Operations, Room W12-140 on the 
ground floor of the West Building, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays.
    Instructions: All submissions must include the agency name and 
docket number for this rulemaking at the beginning of the comment. Note 
that all comments received will be posted without change to the docket 
management system, including any personal information provided.
    Docket: For access to the dockets to read background documents or 
comments received, go to https://www.regulations.gov, or DOT's Docket 
Operations Office (see ADDRESSES).
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments 
from the public to better inform its rulemaking process. DOT posts 
these comments, without edit, including any personal information the 
commenter provides, to www.regulations.gov, as described in the system 
of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Lad Falat, Director, Engineering and 
Research, (202) 366-4545, Office of Hazardous Materials Safety, 
Pipeline and Hazardous Materials Safety Administration, U.S. Department 
of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590-
0001.

SUPPLEMENTARY INFORMATION:

I. Background

    On January 18, 2017, PHMSA published an advance notice of proposed 
rulemaking (ANPRM) titled, ``Hazardous Materials: Volatility of 
Unrefined Petroleum Products and Class 3 Materials,'' addressing the 
volatility of unrefined petroleum products and potentially all Class 3 
flammable liquids transported by means other than pipeline. See (82 FR 
5499). The ANPRM informed stakeholders of a possible change to the 
Hazardous Materials Regulations based on a petition for rulemaking 
submitted by the Attorney General of the State of New York regarding 
vapor pressure limits for crude oil.
    The ANPRM posed 39 questions on a wide variety of topics ranging 
from sampling and testing, proper classification, and numerous 
characteristics of crude oil relevant to its unique hazards. 
Specifically, PHMSA sought comments on whether there should be national 
vapor pressure standards for petroleum products and/or other Class 3 
hazardous materials and, if so, recommendations for such thresholds. It 
was the intent of the ANPRM to obtain the views of those affected by 
the North Dakota Industrial Commission (NDIC) Order, as well as those 
who are likely to be impacted by the changes proposed in the petition 
P-1669 (as discussed in detail in the January 18, 2017 ANPRM), 
including those who are likely to benefit from, be adversely affected 
by, or potentially be subject to additional regulation.
    PHMSA sought comment on the ANPRM to assist in:
    1. Determining the best metric or combination of metrics (vapor 
pressure or other metric) for measuring and controlling fire and 
explosion risk in crude oil transport;
    2. Quantifying the improvement in safety if any, due to risk 
reduction from implementation of vapor pressure thresholds at varying 
levels;
    3. Identifying offerors' compliance strategies and market impacts 
with Reid Vapor Pressure (RVP) standards at varying levels of 
stringency, and estimating their economic costs and environmental 
impacts;
    4. Identifying other regulations and industry practices, such as 
volatile organic compound emissions standards imposed through the Clean 
Air Act, or State regulations, or pipeline operator RVP standards, 
potentially affecting compliance strategies and costs, and safety 
benefits;
    5. Evaluating the extent to which use of DOT Specification 117 tank 
cars mitigates the risk of transporting crude oil;
    6. Comparing compliance costs of mitigation strategies with risk 
reduction from adoption of the petition; and
    7. Balancing the benefits and costs in setting the level of the 
chosen metric.

II. Comment Period Extension

    PHMSA received an initial request from the American Petroleum 
Institute (API) to extend the comment period for the ANPRM by 30 days. 
API indicated in their request that industry needs extra time to obtain 
information on experiences with classification, testing, sampling, and 
packaging of unrefined petroleum products. Because of the number of 
questions posted, the technical nature of the questions, and the 
potentially broad implications to operations throughout the supply 
chain, API believes the opportunity for a thorough review before 
responding to PHMSA is crucial for any future rulemaking. Subsequent to 
the API request, PHMSA has received additional requests from other 
entities to extend the comment period. For instance, the North Dakota 
Petroleum Council also requests an extension; however, they have 
requested a 60-day extension.
    PHMSA provided an initial 60-day comment period to the ANPRM. 
However, due to our desire to collect meaningful input from a number of 
potentially affected stakeholders and to the demand by various 
entities, we agree with the requests to extend the comment period to 
allow further time for public input. Given the number and variety of 
requests, PHMSA is extending the comment period by 60 days.

    Issued in Washington, DC on March 15, 2017, under authority 
delegated in 49 CFR 1.97.
William S. Schoonover,
Associate Administrator for Hazardous Materials Safety, Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2017-05488 Filed 3-20-17; 8:45 am]
 BILLING CODE 4910-60-P

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