Conforming the Acceptable Separation Distance (ASD) Standards for Residential Propane Tanks to Industry Standards, 4225-4229 [2020-00440]
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Federal Register / Vol. 85, No. 16 / Friday, January 24, 2020 / Rules and Regulations
litigation, establish clear legal
standards, and reduce burden.
H. Executive Order 13175 (Consultation
and Coordination With Indian Tribal
Governments)
The Department has determined that
this rulemaking will not have a
substantial direct effect on one or more
Indian tribes, will not impose
substantial direct compliance costs on
Indian tribal governments, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, and will
not pre-empt tribal law. Accordingly,
the requirements of Section 5 of
Executive Order 13175 do not apply to
this rulemaking.
I. Executive Order 13771 (Reducing
Regulation and Controlling Regulatory
Costs)
This rule is not subject to the
requirements of E.O. 13771 (82 FR 9339,
February 3, 2017), because it is expected
to be de minimis under E.O. 13771.
J. Paperwork Reduction Act
This rule does not impose any new
information collection requirements
under the provisions of the Paperwork
Reduction Act, 44 U.S.C. Chapter 35.
The Online Nonimmigrant Visa
Application, DS–160, already allows
visa applicants to identify medical
treatment as a subset of B visa travel
purpose. Consular officers would
evaluate the application using existing
forms and would not need new
approved information collections.
List of Subjects in 22 CFR Part 41
Administrative practice and
procedure, Foreign Relations, Visas,
Aliens, Foreign official, Employment,
Students, Cultural Exchange Programs.
§ 41.31 Temporary visitors for business or
pleasure.
ACTION:
(b) * * *
(2)(i) The term pleasure, as used in
INA 101(a)(15)(B) for the purpose of visa
issuance, refers to legitimate activities of
a recreational character, including
tourism, amusement, visits with friends
or relatives, rest, medical treatment, and
activities of a fraternal, social, or service
nature, and does not include obtaining
a visa for the primary purpose of
obtaining U.S. citizenship for a child by
giving birth in the United States.
(ii) Any visa applicant who seeks
medical treatment in the United States
under this provision shall be denied a
visa under INA section 214(b) if unable
to establish, to the satisfaction of a
consular officer, a legitimate reason why
he or she wishes to travel to the United
States for medical treatment, that a
medical practitioner or facility in the
United States has agreed to provide
treatment, and that the applicant has
reasonably estimated the duration of the
visit and all associated costs. The
applicant also shall be denied a visa
under INA section 214(b) if unable to
establish to the satisfaction of the
consular officer that he or she has the
means derived from lawful sources and
intent to pay for the medical treatment
and all incidental expenses, including
transportation and living expenses,
either independently or with the prearranged assistance of others.
(iii) Any B nonimmigrant visa
applicant who a consular officer has
reason to believe will give birth during
her stay in the United States is
presumed to be traveling for the primary
purpose of obtaining U.S. citizenship for
the child.
*
*
*
*
*
SUMMARY:
Carl C. Risch,
Assistant Secretary for Consular Affairs,
Department of State.
[FR Doc. 2020–01218 Filed 1–23–20; 8:45 am]
Text of the Rule
BILLING CODE 4710–06–P
Accordingly, for the reasons stated in
the preamble, the Department is
amending 22 CFR part 41 as follows:
PART 41—VISAS: DOCUMENTATION
OF IMMIGRANTS UNDER THE
IMMIGRATION AND NATIONALITY
ACT, AS AMENDED
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Part 51
[Docket No: FR–6054–F–02]
RIN 2506–AC45
1. The authority citation for part 41 is
revised to read as follows:
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■
Authority: 8 U.S.C. 1101; 1102; 1104;
1182; 1184; 1185 note (section 7209 of Pub.
L. 108–458, as amended by section 546 of
Pub. L. 109–295); 1323; 1361; 2651a.
2. In § 41.31, revise paragraph (b)(2) to
read as follows:
■
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Conforming the Acceptable Separation
Distance (ASD) Standards for
Residential Propane Tanks to Industry
Standards
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
AGENCY:
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Final rule.
This final rule reduces
regulatory and cost burden on
communities that may be restricted in
their ability to site HUD-assisted
projects, by allowing HUD-assisted
projects near stationary aboveground
propane storage tanks with a capacity of
1,000 gallons or less if the storage tanks
comply with National Fire Protection
Association (NFPA) 58 (2017). Based on
consideration of public comments, HUD
is adopting this 1,000-gallon limit in
lieu of the 250-gallon limit
contemplated in the proposed rule. This
final rule incorporates by reference
NFPA 58 (2017), a voluntary consensus
standard for public safety that
establishes safety standards used by the
propane industry and operators
regarding storage, handling,
transportation, and use of propane.
DATES: Effective Date: February 24,
2020. The incorporation by reference of
certain publications listed in the rule is
approved by the Director of the Federal
Register as of February 24, 2020.
FOR FURTHER INFORMATION CONTACT:
Danielle Schopp, Director, Office of
Environment and Energy, Office of
Community Planning and Development,
U.S. Department of Housing and Urban
Development, 451 7th Street SW,
Washington, DC 20410; telephone
number 202–402–5226 (this is not a tollfree number). Persons with hearing or
speech impairments may access this
number through TTY by calling the
Federal Relay Service at 800–877–8339
(this is a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Background
On December 10, 2018, HUD
published a rule in the Federal Register,
at 83 FR 63457, which proposed
expanding HUD’s ability to approve
assistance for projects sited near
propane storage tanks (otherwise known
as ‘‘Liquified Petroleum Gas containers’’
or ‘‘LPG containers’’). The rule proposed
amending HUD regulations at 24 CFR
part 51, subpart C, which establish the
Acceptable Separation Distance (ASD)
that must be kept between HUD-assisted
projects and containers of hazardous
substances, by creating an exception for
aboveground propane storage tanks of a
capacity of 250 gallons or less if the
storage tank complies with NFPA 58
(2017), a voluntary consensus standard
that establishes safety standards used by
the propane industry and operators
regarding storage, handling,
transportation, and use of propane, as
well as all underground storage tanks.
HUD’s proposed rule was intended to
modernize outdated codified safety
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standards. HUD’s current standards,
codified at 24 CFR part 51, subpart C,
are based on the findings of studies
conducted by the Department, in 1975
and 1982.1 The effect of these standards
is to prescribe the ASD of HUD-assisted
projects from specific hazardous
operations, unless appropriate
mitigating measures are implemented.
Substances deemed hazardous include
petrochemical products, such as
propane. HUD-assisted projects include
the development, construction,
rehabilitation, modernization, or
conversion with HUD subsidy, grant
assistance, loan, loan guarantee, or
mortgage insurance of any project
intended for residential, institutional,
recreational, commercial, or industrial
use.
Mitigation measures can be costly and
limit choices for siting a HUD-assisted
project. HUD’s experience has been that
there are significant practical and
economic difficulties in mitigating offsite residential propane tanks located on
adjacent properties. HUD has recently
provided waivers for approval of HUDassisted sites that have propane tanks in
compliance with NFPA 58 (2017) on the
basis that such compliance mitigated
any danger to HUD-assisted projects
sited adjacent to the hazard.
Based on HUD’s experience, HUD
issued its proposed rule to streamline
and update its current rule.
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II. Changes and Clarifications Made in
This Final Rule
This final rule follows publication of
the December 10, 2018, proposed rule
and takes into consideration the public
comments received on the proposed
rule. In response to public comment, a
discussion of which is presented in the
following section of this preamble, and
in further consideration of issues
addressed at the proposed rule stage, the
Department is making changes,
described below, in this final rule.
A. Propane Tanks of up to 1,000 Gallons
Exempted From Hazard ASD
Restrictions
HUD received several comments
requesting reconsideration of the 250gallon limit for aboveground propane
tanks exempted from HUD’s ASD
requirements. After performing further
analysis on common residential tank
sizes and potential risks posed by larger
tanks, HUD has determined that
exempting tanks up to 1,000 gallons
would increase the rule’s effectiveness
1 Safety Consideration in Siting Housing Projects,
prepared by Arthur D. Little Inc., 1975; and Urban
Development Siting with Respect to Hazardous
Commercial/Industrial Facilities, by Rolf Jensen
and Associates Inc., 1982.
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without posing additional risk. As such,
the definition of ‘‘hazard’’ in § 51.201
has been revised to exempt tanks up to
1,000 gallons. The justification for this
change is described below.
1. Common Residential Tank Sizes
Typical propane consumption and the
range of typical tank sizes vary widely
between warmer and cooler climates.
An average-size modern home using
high-efficiency propane heating
equipment and other appliances in a
warm climate region can expect to use
194 to 258 gallons per year, while the
same home in a cold climate region
would typically use 991 to 1,844 gallons
per year.2
The same variables that impact
propane consumption naturally also
impact the choice of propane tank
sizing. In addition, the average
customer, especially in a cold climate
prefers to minimize the frequency of
refueling to ensure that they don’t run
out given the high heating loads they
experience in the winter. Propane prices
also fluctuate with the market
throughout the year and tend to be on
the higher side during the heating
season and lower in the summer. Larger
tanks allow customers to buy larger
quantities of propane during periods of
lower prices resulting in better savings.
They also save on delivery related fees
by having fewer fill ups. The tank size
thus becomes a cost controlling factor
for the customer, and tank sizes up to
1,000 gallons are regularly used for
residential purposes.3
2. Safety of 1,000-Gallon Propane Tanks
The reliability of propane tanks has
increased significantly over the past 30
years and studies suggest that the
evolution of industry safety practices
has reduced the probability of propane
tank failure.4 Studies by the NFPA,
documented in the rule’s Regulatory
Impact Analysis, show that propane is
not a leading cause of fires or listed as
a source of residential structure fires in
the United States. Propane tanks are
extremely durable. In a study performed
by the U.S. Department of Defense and
the Energy Research and Development
Administration, these tanks sustained
very little damage even from the energy
of a simulated nuclear blast.5 This
experiment and others conducted in the
2 Energy and Environmental Analysis of Propane
Energy Pod Homes, Prepared for the Propane
Education & Research Council, 2011.
3 See NFPA 58 LP-Gas Code Handbook (2017).
4 See Ahrens, M. (2017), Ahrens, M. (2018),
Flynn, J. (2010), and Hall. J.R. (2014).
5 The Effects of Nuclear Weapons, Compiled and
edited by Samuel Glasstone and Philip J. Dolan.,
1977.
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propane industry demonstrate that
propane tank explosions are difficult
and rare.
Furthermore, this rule does not
remove all safe distance requirements
for LPG containers sited near HUDassisted projects. All tanks exempted
from HUD’s ASD requirements under
this rule must be fully compliant with
NFPA (2017) standards, including
NFPA separation distance requirements.
Tanks locations must meet a separation
distance between the container and
important buildings 6 or line of
adjoining property that can be built
upon, in accordance with the NFPA 58.
Tanks between 125 and 500 gallons
must be at least 10 feet apart from
important buildings or property lines of
adjoining property that can be built
upon, while tanks between 501 and
1,000 gallons must be at least 25 feet
apart. Under NFPA 58 and this rule’s
revision of 24 CFR part 51, tanks under
125 gallons would not require a
separation distance.
For the reasons described above, HUD
has determined that LPG containers
with capacities of up to 1,000 gallons
that comply with NFPA 58 (2017) will
no longer be subject to the hazard
restrictions posed by 24 CFR part 51.
Since the separation distance imposed
by NFPA 58 compliance is sufficient to
ensure the safety of HUD-assisted
projects, increasing the size of tank
covered by this exception will reduce
regulatory and cost burden on even
more projects and communities without
any significant additional risk.
B. Other Changes and Clarifications
One commenter stated that it was
unclear whether the tank size referenced
in § 51.201 definition of ‘‘hazard’’ was
to be measured in water gallon capacity
or propane gallon capacity. As a result,
HUD has amended the language of
§ 51.201 to clarify that tanks are
measured in water gallon capacity. This
language was clarified in order to align
the rule with language in NFPA 58
(which uses water capacity to determine
ASD standards). The American Society
of Mechanical Engineers, which certifies
propane tanks, also rates tanks in terms
of their water capacity.
Additionally, a commenter found the
language used to describe propane tanks
(‘‘Containers which are designed to hold
6 According to the NFPA 58 LP-Gas Code
Handbook, a building can be considered important
for a number of reasons such as high replacement
value, its human occupancy, or vital importance of
contents to a business. A building with
characteristics that hinder emergency responders’
access and ability to safely apply water to a tank
or act as an impediment to applying water should
also be considered an important building.
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liquefied propane gas . . .’’) confusing.
To increase clarity and accuracy, HUD
is amending the phrase to read:
‘‘Containers which are used to hold
liquefied petroleum gas.’’ First,
replacing ‘‘designed’’ with ‘‘used’’ more
accurately describes the scope of the
definition, since some containers that
are not designed to hold LPG are used
to hold it nonetheless, while still
complying with NFPA safety
requirements. Second, HUD is replacing
‘‘liquified propane gas’’ with ‘‘liquefied
petroleum gas’’ because the gas used in
heating systems is sometimes comprised
of not only propane, but butane as well.
These changes will increase consistency
between this final rule and NFPA 58
(2017).
III. Discussion of Public Comments
Received on December 10, 2018,
Proposed Rule
The public comment period for the
proposed rule closed on February 8,
2019. HUD received six public
comments in response to the proposed
rule. These comments were submitted
by a nationally recognized fire safety
codes and standards organization, the
national trade group for the propane
industry, a nonprofit affordable housing
developer, and private citizens.
None of the commenters opposed
conforming the ASD standards for
residential propane tanks to industry
standards. Commenters were generally
supportive of the proposed rule, but, as
provided in the following section of this
Preamble, they also recommended
changes or clarifications, several of
which are discussed above.
Comment: How will this rule impact
HUD-assisted projects sited near
multiple propane tanks, or propane
tanks stored near other gases.
HUD Response: Under this final rule,
LPG tanks of 1,000 gallons or less are
not subject to ASD requirements,
regardless of how many tanks are
present, if they comply with NFPA code
58 (2017). The exclusion from the ASD
requirement applies only to LPG tanks.
If there are other gases stored in
stationary aboveground containers, the
ASD must be calculated for those
nonpropane containers.
Comment: HUD should not exempt all
underground propane containers from
hazard restrictions, but only those
which comply with applicable Federal,
State, or local safety standards, because
improperly spaced underground
containers can leak gas into
underground structures.
HUD Response: HUD is declining to
implement this change in this final rule,
as this rule is amending safety standards
relating to fire and blast hazards, which
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do not take into consideration other
issues such as vapor contamination.
HUD performs environmental review of
most projects, including multifamily
housing and new construction, which
captures information related to vapor
contamination to document compliance
with the standards at 24 CFR 50.3(i) and
58.5(i)(2), using investigative techniques
including but not limited to ASTM
Phase I and Phase II Environmental Site
Assessment.7 Furthermore, this rule is
conforming the relevant regulation with
HUD’s longstanding policy of
considering underground tanks exempt
from the ASD restrictions listed in 24
CFR 51 subpart C because they are
shielded by the topography from posing
fire or blast risks to HUD-assisted
projects and, therefore, do not meet the
definition of ‘‘hazard’’ at § 51.201. This
is also consistent with HUD’s treatment
of LPG pipelines in existing regulations,
in which LPG pipelines are excluded
from the definition of ‘‘hazard’’ so long
as they are either underground or
comply with Federal, State, and local
safety standards.
Comment: HUD should update the
FHA Single Family Housing Policy
Handbook to indicate that FHA can
assist in the purchase of properties with
underground propane tanks.
HUD Response: This final rule focuses
on updates to the regulation at 24 CFR
51 subpart C, and updates to
subregulatory guidance are beyond the
scope of this rulemaking. Nevertheless,
HUD agrees that the referenced
guidance should reflect these revisions.
Comment: The rule only incorporates
NFPA 58 by reference for LPG
containers 250 gallons or less which are
exempt from hazard restrictions. HUD
should incorporate NFPA 58 by
reference for all LPG containers
regardless of size in order to maintain a
consistent approach to handling LPG as
a hazard.
HUD Response: As discussed above,
in this final rule HUD is incorporating
NFPA 58 (2017) by reference for LPG
containers 1,000 gallons or less that are
exempt from hazard restrictions.
Containers larger than 1,000 gallons will
still be defined as ‘‘hazards’’ and will
still need to comply with HUD’s safety
standards at 24 CFR part 51, subpart C.
This rulemaking is intended to mitigate
regulatory and cost burden related to
residential propane tanks (which
typically hold 1,000 gallons or less) 8
and is not intended to address
commercial, industrial, or agricultural
7 HUD’s environmental review regulations can be
found at 24 CFR parts 50, 51, 55, and 58.
8 See NFPA 58 LP-Gas Code Handbook (2017).
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propane tanks (which typically hold
more than 1,000 gallons).9
IV. Incorporation by Reference
This rule incorporates the following
voluntary consensus standard for siting
of HUD-assisted projects near
aboveground propane storage tanks that
hold up to 1000 gallons: NFPA 58
Liquefied Petroleum Gas Code (2017).
The NFPA develops building, fire, and
electrical safety codes and standards.
Federal agencies frequently use these
codes and standards as the basis for
developing Federal regulations
concerning safety. NFPA 58 (2017)
provides industry benchmark and
operational information and standards
for safe propane storage, handling,
transportation, and use. NFPA 58 (2017)
mitigates risks and ensures safe
installations, to prevent failures, leaks,
and tampering that could lead to fires
and explosions. The regulation cannot
account for future editions of NFPA that
do not yet exist. Therefore, if HUD
wishes to revise the standard in the
future to incorporate newer editions of
NFPA 58 this would require further
rulemaking.
NFPA 58 (2017) is available online,
via read-only access, at https://
www.nfpa.org/codes-and-standards/allcodes-and-standards/list-of-codes-andstandards/detail?code=58. Members of
the public may visit the link and create
a username and password to view the
free-access edition. The standard may
also be obtained from the National Fire
Protection Association at 1
Batterymarch Park, Quincy, MA 02169,
telephone number (800) 344–3555, fax
number (800) 593–6372.
V. Findings and Certifications
Regulatory Review—Executive Orders
12866 and 13563
Under Executive Order 12866
(Regulatory Planning and Review), a
determination must be made whether a
regulatory action is significant and,
therefore, subject to review by the Office
of Management and Budget (OMB) in
accordance with the requirements of the
order. Executive Order 13563
(Improving Regulations and Regulatory
Review) directs executive agencies to
analyze regulations that are ‘‘outmoded,
ineffective, insufficient, or excessively
burdensome, and to modify, streamline,
expand, or repeal them in accordance
with what has been learned.’’ Executive
Order 13563 also directs that, where
relevant, feasible, and consistent with
regulatory objectives, and to the extent
permitted by law, agencies are to
9 Ibid.
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identify and consider regulatory
approaches that reduce burdens and
maintain flexibility and freedom of
choice for the public. HUD has
examined the economic, budgetary,
legal, and policy implications of this
action and has determined that this final
rule is a significant regulatory action
under section 3(f) of Executive Order
12866 (but not an economically
significant action). HUD has prepared a
regulatory impact analysis that
addresses the costs and benefits of the
final rule. The analysis is available at
Regulations.gov and is part of the docket
file for this rule.
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Executive Order 13771
Executive Order 13771, entitled
‘‘Reducing Regulation and Controlling
Regulatory Costs,’’ was issued on
January 30, 2017. This final rule is an
Executive Order 13771 deregulatory
action. Details on the estimated cost
savings of this rule can be found in the
rule’s economic analysis.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.) 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
nonprofit organizations, and small
governmental jurisdictions.
This rule updates a codified
regulation to reduce regulatory and cost
burden on communities that may be
restricted in their ability to site HUDassisted projects because of the presence
of stationary aboveground propane
storage tanks that may be nearby.
Specifically, the rule allows the siting of
HUD-assisted projects near stationary
aboveground propane storage tanks with
a capacity of 1,000 gallons or less if the
storage tank complies with NFPA Code
58 (2017). HUD has determined that the
rule would result in the reduction of
costly mitigation measures.
Small entities affected by the rule
include owner-occupied single family,
small public housing authorities, and a
limited number of multifamily projects.
Notwithstanding, HUD has determined
that the rule’s impact will be to reduce
administrative burdens and generate
cost savings estimated to be from
$200,000–$18,000,000 per year. Due to
economies of scale and the cost of
compliance with the existing rule, these
reductions of administrative burden will
provide relatively greater benefit to
entities that are small. This rule would
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have minimal impact on small firms
because they would not be required to
modify current operational procedures.
The rule will eliminate the need for
costly waiver processes and mitigation
costs on the part of these small entities.
For example, as described in the
Regulatory Impact Analysis, of 1200
small rental properties in Mississippi
applying for disaster recovery assistance
after Hurricane Katrina, 750 required
additional compliance measures or a
waiver under current 24 CFR part 51
subpart C in order to be eligible for
assistance. Removing such obstacles to
assistance would have particularly
beneficial impact for similarly situated
small rental properties, and other small
entities, that are assisted going forward.
Similarly, as discussed in the
Regulatory Impact Analysis, HUD’s
2017 waiver for certain Community
Development Block Grant and Home
Investment Partnerships programs in
Vermont included both residences and
small businesses; specifically,
restaurants. In waiving the requirements
of the existing regulation as to these
small businesses, HUD noted that in
2011 there were 1,346 restaurants in
Vermont using propane. These
restaurants were affected by the cost or
practicability of compliance with the
existing rule, and these costs will be
saved in future projects under this rule.
Accordingly, the undersigned certifies
that this rule will not have a significant
economic impact on a substantial
number of small entities.
Environmental Impact
A Finding of No Significant Impact
with respect to the environment for this
rule has been made in accordance with
HUD regulations at 24 CFR part 50,
which implement section 102(2)(C) of
the National Environmental Policy Act
of 1969 (42 U.S.C. 4332(2)(C)). The
Finding of No Significant Impact is
available for public inspection between
8 a.m. and 5 p.m., weekdays in the
Regulations Division, Office of General
Counsel, U.S. Department of Housing
and Urban Development, 451 7th Street
SW, Room 10276, Washington, DC
20410–5000. Due to security measures
at the HUD Headquarters building,
please schedule an appointment to
review the Finding by calling the
Regulations Division at (202) 708–3055
(this is not a toll-free number).
Individuals with speech or hearing
impairments may access this number
via TTY by calling the Federal Relay
Service at (800) 877–8339. The Finding
of No Significant Impact will also be
available for review in the docket for
this rule on Regulations.gov.
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Federalism Impact
Executive Order 13132 (entitled
‘‘Federalism’’) prohibits, to the extent
practicable and permitted by law, an
agency from promulgating a regulation
that has federalism implications and
either imposes substantial direct
compliance costs on State and local
governments and is not required by
statute, or preempts State law, unless
the relevant requirements of section 6 of
the Executive order are met. This rule
does not have federalism implications
and does not impose substantial direct
compliance costs on State and local
governments or preempt State law
within the meaning of the Executive
order.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (2 U.S.C. 1531–
1538) (UMRA) establishes requirements
for Federal agencies to assess the effects
of their regulatory actions on State,
local, and tribal governments and on the
private sector. This rule would not
impose any Federal mandates on any
State, local, or tribal governments, or on
the private sector, within the meaning of
UMRA.
List of Subjects in 24 CFR Part 51
Airports, Hazardous substances,
Housing standards, Incorporation by
reference, Noise control.
Accordingly, for the reasons stated in
the foregoing preamble, HUD amends 24
CFR part 51 as follows:
PART 51—ENVIRONMENTAL
CRITERIA AND STANDARDS
1. The authority citation for 24 CFR
part 51 subpart C continues to read as
follows:
■
Authority: 42 U.S.C. 3535(d), unless
otherwise noted.
2. In § 51.201, revise the definition of
‘‘hazard’’ to read as follows:
■
§ 51.201
Definitions.
*
*
*
*
*
Hazard—means any stationary
container which stores, handles, or
processes hazardous substances of an
explosive or fire prone nature. The term
‘‘hazard’’ does not include:
(1) Pipelines for the transmission of
hazardous substances, if such pipelines
are located underground, or comply
with applicable Federal, State and local
safety standards;
(2) Containers with a capacity of 100
gallons or less when they contain
common liquid industrial fuels, such as
gasoline, fuel oil, kerosene, and crude
oil, since they generally would pose no
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Dated: January 9, 2020.
David C. Woll, Jr.,
Principal Deputy Assistant Secretary for
Community Planning and Development.
amend the SIP by providing a more
efficient way to perform emissions
sampling on air pollution sources
throughout Missouri. The State
requested approval of incorporating by
reference the federally defined methods
for stack testing. These revisions are
administrative in nature and do not
affect the stringency of the SIP. The
EPA’s approval of this rule revision is
being done in accordance with the
requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on
February 24, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2019–0656. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, i.e., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional information.
FOR FURTHER INFORMATION CONTACT: Jan
Simpson, Environmental Protection
Agency, Region 7 Office, Air Quality
Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number (913) 551–7089;
email address simpson.jan@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
[FR Doc. 2020–00440 Filed 1–23–20; 8:45 am]
Table of Contents
BILLING CODE 4210–67–P
I. Background
II. What is being addressed in this document?
III. Have the requirements for approval of a
SIP revision been met?
IV. What action is the EPA taking?
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
danger in terms of thermal radiation or
blast overpressure to a project;
(3) Facilities that are shielded from a
proposed HUD-assisted project by the
topography, because these topographic
features effectively provide a mitigating
measure already in place;
(4) All underground containers; and
(5) Containers used to hold liquefied
petroleum gas with a volumetric
capacity not to exceed 1,000 gallons
water capacity, if they comply with
National Fire Protection Association
(NFPA) 58. NFPA 58, Liquefied
Petroleum Gas Code, 2017 Edition,
copyright 2016 is incorporated by
reference into this section with the
approval of the Director of the Federal
Register, under 5 U.S.C. 552(a) and 1
CFR part 51. All approved material is
available for inspection at HUD’s Office
of Environment and Energy, 202–402–
5226, and is available from National
Fire Protection Association, 1
Batterymarch Park, Quincy, MA 02169,
telephone number 800–344–3555, fax
number 800–593–6372, www.nfpa.org. It
is also available for inspection at the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, email fedreg.legal@
nara.gov or visit www.archives.gov/
federal-register/cfr/ibr-locations.html.
Persons with hearing or speech
impairments may access the numbers
above through TTY by calling the
Federal Relay Service, toll-free, at 800–
877–8339.
*
*
*
*
*
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2019–0656; FRL–10004–
15–Region 7]
Air Plan Approval; Missouri; Sampling
Methods for Air Pollution Sources
Environmental Protection
Agency (EPA).
ACTION: Final rule.
lotter on DSKBCFDHB2PROD with RULES
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the State
Implementation Plan (SIP) for the State
of Missouri submitted by the State on
October 25, 2019. The revisions will
SUMMARY:
VerDate Sep<11>2014
15:58 Jan 23, 2020
Jkt 250001
I. Background
On December 3, 2019, the EPA
proposed in the Federal Register
approval of the SIP submission. See 84
FR 66096. The proposed revisions
would amend the SIP by providing a
more efficient way to perform emissions
sampling on air pollution sources
throughout Missouri. The State
requested approval of incorporating by
reference the federally defined methods
for stack testing. The EPA solicited
comments on the proposed revisions to
Missouri’s SIP and received no
comments.
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
4229
II. What is being addressed in this
document?
The EPA is approving revisions to the
Missouri SIP submitted by the State of
Missouri to the EPA on October 25,
2019. The revisions to the previously
federally approved Missouri State rule
10 CSR 10–6.030 Sampling Methods for
Air Pollution Sources are administrative
in nature and do not affect the
stringency of the SIP. The revisions will
provide a more efficient way to perform
emissions sampling by incorporating by
reference federally promulgated
methods.
A detailed discussion of the revision
to Missouri’s SIP and was provided in
EPA’s December 3, 2019, Federal
Register document. See 84 FR 66096.
III. Have the requirements for approval
of a SIP revision been met?
The State submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. The State provided
public notice on this SIP revision from
May 15, 2018 to August 2, 2018 and
received eight comments. Based on the
comments received the State made
revisions to rule text in sections (21)
(22) and (23) that incorporated by
reference specific appendices and
subparts. The State provided a second
public notice on this SIP revision from
April 15, 2019 to June 6, 2019 and
received no comments. In addition, as
explained above, the revision meets the
substantive SIP requirements of the
CAA, including section 110 and
implementing regulations.
IV. What action is the EPA taking?
We are taking final action to approve
revisions to Missouri’s SIP by approving
the State’s request to revise 10 CSR 10–
6.030, Sampling Methods for Air
Pollution Sources.
V. Incorporation by Reference
In this document, the EPA is
finalizing regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of the
Missouri Regulations described in the
amendments to 40 CFR part 52 set forth
below. The EPA has made, and will
continue to make, these materials
generally available through
www.regulations.gov and at the EPA
Region 7 Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
E:\FR\FM\24JAR1.SGM
24JAR1
Agencies
[Federal Register Volume 85, Number 16 (Friday, January 24, 2020)]
[Rules and Regulations]
[Pages 4225-4229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00440]
=======================================================================
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 51
[Docket No: FR-6054-F-02]
RIN 2506-AC45
Conforming the Acceptable Separation Distance (ASD) Standards for
Residential Propane Tanks to Industry Standards
AGENCY: Office of the Assistant Secretary for Community Planning and
Development, HUD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule reduces regulatory and cost burden on
communities that may be restricted in their ability to site HUD-
assisted projects, by allowing HUD-assisted projects near stationary
aboveground propane storage tanks with a capacity of 1,000 gallons or
less if the storage tanks comply with National Fire Protection
Association (NFPA) 58 (2017). Based on consideration of public
comments, HUD is adopting this 1,000-gallon limit in lieu of the 250-
gallon limit contemplated in the proposed rule. This final rule
incorporates by reference NFPA 58 (2017), a voluntary consensus
standard for public safety that establishes safety standards used by
the propane industry and operators regarding storage, handling,
transportation, and use of propane.
DATES: Effective Date: February 24, 2020. The incorporation by
reference of certain publications listed in the rule is approved by the
Director of the Federal Register as of February 24, 2020.
FOR FURTHER INFORMATION CONTACT: Danielle Schopp, Director, Office of
Environment and Energy, Office of Community Planning and Development,
U.S. Department of Housing and Urban Development, 451 7th Street SW,
Washington, DC 20410; telephone number 202-402-5226 (this is not a
toll-free number). Persons with hearing or speech impairments may
access this number through TTY by calling the Federal Relay Service at
800-877-8339 (this is a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Background
On December 10, 2018, HUD published a rule in the Federal Register,
at 83 FR 63457, which proposed expanding HUD's ability to approve
assistance for projects sited near propane storage tanks (otherwise
known as ``Liquified Petroleum Gas containers'' or ``LPG containers'').
The rule proposed amending HUD regulations at 24 CFR part 51, subpart
C, which establish the Acceptable Separation Distance (ASD) that must
be kept between HUD-assisted projects and containers of hazardous
substances, by creating an exception for aboveground propane storage
tanks of a capacity of 250 gallons or less if the storage tank complies
with NFPA 58 (2017), a voluntary consensus standard that establishes
safety standards used by the propane industry and operators regarding
storage, handling, transportation, and use of propane, as well as all
underground storage tanks.
HUD's proposed rule was intended to modernize outdated codified
safety
[[Page 4226]]
standards. HUD's current standards, codified at 24 CFR part 51, subpart
C, are based on the findings of studies conducted by the Department, in
1975 and 1982.\1\ The effect of these standards is to prescribe the ASD
of HUD-assisted projects from specific hazardous operations, unless
appropriate mitigating measures are implemented. Substances deemed
hazardous include petrochemical products, such as propane. HUD-assisted
projects include the development, construction, rehabilitation,
modernization, or conversion with HUD subsidy, grant assistance, loan,
loan guarantee, or mortgage insurance of any project intended for
residential, institutional, recreational, commercial, or industrial
use.
---------------------------------------------------------------------------
\1\ Safety Consideration in Siting Housing Projects, prepared by
Arthur D. Little Inc., 1975; and Urban Development Siting with
Respect to Hazardous Commercial/Industrial Facilities, by Rolf
Jensen and Associates Inc., 1982.
---------------------------------------------------------------------------
Mitigation measures can be costly and limit choices for siting a
HUD-assisted project. HUD's experience has been that there are
significant practical and economic difficulties in mitigating off-site
residential propane tanks located on adjacent properties. HUD has
recently provided waivers for approval of HUD-assisted sites that have
propane tanks in compliance with NFPA 58 (2017) on the basis that such
compliance mitigated any danger to HUD-assisted projects sited adjacent
to the hazard.
Based on HUD's experience, HUD issued its proposed rule to
streamline and update its current rule.
II. Changes and Clarifications Made in This Final Rule
This final rule follows publication of the December 10, 2018,
proposed rule and takes into consideration the public comments received
on the proposed rule. In response to public comment, a discussion of
which is presented in the following section of this preamble, and in
further consideration of issues addressed at the proposed rule stage,
the Department is making changes, described below, in this final rule.
A. Propane Tanks of up to 1,000 Gallons Exempted From Hazard ASD
Restrictions
HUD received several comments requesting reconsideration of the
250-gallon limit for aboveground propane tanks exempted from HUD's ASD
requirements. After performing further analysis on common residential
tank sizes and potential risks posed by larger tanks, HUD has
determined that exempting tanks up to 1,000 gallons would increase the
rule's effectiveness without posing additional risk. As such, the
definition of ``hazard'' in Sec. 51.201 has been revised to exempt
tanks up to 1,000 gallons. The justification for this change is
described below.
1. Common Residential Tank Sizes
Typical propane consumption and the range of typical tank sizes
vary widely between warmer and cooler climates. An average-size modern
home using high-efficiency propane heating equipment and other
appliances in a warm climate region can expect to use 194 to 258
gallons per year, while the same home in a cold climate region would
typically use 991 to 1,844 gallons per year.\2\
---------------------------------------------------------------------------
\2\ Energy and Environmental Analysis of Propane Energy Pod
Homes, Prepared for the Propane Education & Research Council, 2011.
---------------------------------------------------------------------------
The same variables that impact propane consumption naturally also
impact the choice of propane tank sizing. In addition, the average
customer, especially in a cold climate prefers to minimize the
frequency of refueling to ensure that they don't run out given the high
heating loads they experience in the winter. Propane prices also
fluctuate with the market throughout the year and tend to be on the
higher side during the heating season and lower in the summer. Larger
tanks allow customers to buy larger quantities of propane during
periods of lower prices resulting in better savings. They also save on
delivery related fees by having fewer fill ups. The tank size thus
becomes a cost controlling factor for the customer, and tank sizes up
to 1,000 gallons are regularly used for residential purposes.\3\
---------------------------------------------------------------------------
\3\ See NFPA 58 LP-Gas Code Handbook (2017).
---------------------------------------------------------------------------
2. Safety of 1,000-Gallon Propane Tanks
The reliability of propane tanks has increased significantly over
the past 30 years and studies suggest that the evolution of industry
safety practices has reduced the probability of propane tank
failure.\4\ Studies by the NFPA, documented in the rule's Regulatory
Impact Analysis, show that propane is not a leading cause of fires or
listed as a source of residential structure fires in the United States.
Propane tanks are extremely durable. In a study performed by the U.S.
Department of Defense and the Energy Research and Development
Administration, these tanks sustained very little damage even from the
energy of a simulated nuclear blast.\5\ This experiment and others
conducted in the propane industry demonstrate that propane tank
explosions are difficult and rare.
---------------------------------------------------------------------------
\4\ See Ahrens, M. (2017), Ahrens, M. (2018), Flynn, J. (2010),
and Hall. J.R. (2014).
\5\ The Effects of Nuclear Weapons, Compiled and edited by
Samuel Glasstone and Philip J. Dolan., 1977.
---------------------------------------------------------------------------
Furthermore, this rule does not remove all safe distance
requirements for LPG containers sited near HUD-assisted projects. All
tanks exempted from HUD's ASD requirements under this rule must be
fully compliant with NFPA (2017) standards, including NFPA separation
distance requirements. Tanks locations must meet a separation distance
between the container and important buildings \6\ or line of adjoining
property that can be built upon, in accordance with the NFPA 58. Tanks
between 125 and 500 gallons must be at least 10 feet apart from
important buildings or property lines of adjoining property that can be
built upon, while tanks between 501 and 1,000 gallons must be at least
25 feet apart. Under NFPA 58 and this rule's revision of 24 CFR part
51, tanks under 125 gallons would not require a separation distance.
---------------------------------------------------------------------------
\6\ According to the NFPA 58 LP-Gas Code Handbook, a building
can be considered important for a number of reasons such as high
replacement value, its human occupancy, or vital importance of
contents to a business. A building with characteristics that hinder
emergency responders' access and ability to safely apply water to a
tank or act as an impediment to applying water should also be
considered an important building.
---------------------------------------------------------------------------
For the reasons described above, HUD has determined that LPG
containers with capacities of up to 1,000 gallons that comply with NFPA
58 (2017) will no longer be subject to the hazard restrictions posed by
24 CFR part 51. Since the separation distance imposed by NFPA 58
compliance is sufficient to ensure the safety of HUD-assisted projects,
increasing the size of tank covered by this exception will reduce
regulatory and cost burden on even more projects and communities
without any significant additional risk.
B. Other Changes and Clarifications
One commenter stated that it was unclear whether the tank size
referenced in Sec. 51.201 definition of ``hazard'' was to be measured
in water gallon capacity or propane gallon capacity. As a result, HUD
has amended the language of Sec. 51.201 to clarify that tanks are
measured in water gallon capacity. This language was clarified in order
to align the rule with language in NFPA 58 (which uses water capacity
to determine ASD standards). The American Society of Mechanical
Engineers, which certifies propane tanks, also rates tanks in terms of
their water capacity.
Additionally, a commenter found the language used to describe
propane tanks (``Containers which are designed to hold
[[Page 4227]]
liquefied propane gas . . .'') confusing. To increase clarity and
accuracy, HUD is amending the phrase to read: ``Containers which are
used to hold liquefied petroleum gas.'' First, replacing ``designed''
with ``used'' more accurately describes the scope of the definition,
since some containers that are not designed to hold LPG are used to
hold it nonetheless, while still complying with NFPA safety
requirements. Second, HUD is replacing ``liquified propane gas'' with
``liquefied petroleum gas'' because the gas used in heating systems is
sometimes comprised of not only propane, but butane as well. These
changes will increase consistency between this final rule and NFPA 58
(2017).
III. Discussion of Public Comments Received on December 10, 2018,
Proposed Rule
The public comment period for the proposed rule closed on February
8, 2019. HUD received six public comments in response to the proposed
rule. These comments were submitted by a nationally recognized fire
safety codes and standards organization, the national trade group for
the propane industry, a nonprofit affordable housing developer, and
private citizens.
None of the commenters opposed conforming the ASD standards for
residential propane tanks to industry standards. Commenters were
generally supportive of the proposed rule, but, as provided in the
following section of this Preamble, they also recommended changes or
clarifications, several of which are discussed above.
Comment: How will this rule impact HUD-assisted projects sited near
multiple propane tanks, or propane tanks stored near other gases.
HUD Response: Under this final rule, LPG tanks of 1,000 gallons or
less are not subject to ASD requirements, regardless of how many tanks
are present, if they comply with NFPA code 58 (2017). The exclusion
from the ASD requirement applies only to LPG tanks. If there are other
gases stored in stationary aboveground containers, the ASD must be
calculated for those nonpropane containers.
Comment: HUD should not exempt all underground propane containers
from hazard restrictions, but only those which comply with applicable
Federal, State, or local safety standards, because improperly spaced
underground containers can leak gas into underground structures.
HUD Response: HUD is declining to implement this change in this
final rule, as this rule is amending safety standards relating to fire
and blast hazards, which do not take into consideration other issues
such as vapor contamination. HUD performs environmental review of most
projects, including multifamily housing and new construction, which
captures information related to vapor contamination to document
compliance with the standards at 24 CFR 50.3(i) and 58.5(i)(2), using
investigative techniques including but not limited to ASTM Phase I and
Phase II Environmental Site Assessment.\7\ Furthermore, this rule is
conforming the relevant regulation with HUD's longstanding policy of
considering underground tanks exempt from the ASD restrictions listed
in 24 CFR 51 subpart C because they are shielded by the topography from
posing fire or blast risks to HUD-assisted projects and, therefore, do
not meet the definition of ``hazard'' at Sec. 51.201. This is also
consistent with HUD's treatment of LPG pipelines in existing
regulations, in which LPG pipelines are excluded from the definition of
``hazard'' so long as they are either underground or comply with
Federal, State, and local safety standards.
---------------------------------------------------------------------------
\7\ HUD's environmental review regulations can be found at 24
CFR parts 50, 51, 55, and 58.
---------------------------------------------------------------------------
Comment: HUD should update the FHA Single Family Housing Policy
Handbook to indicate that FHA can assist in the purchase of properties
with underground propane tanks.
HUD Response: This final rule focuses on updates to the regulation
at 24 CFR 51 subpart C, and updates to subregulatory guidance are
beyond the scope of this rulemaking. Nevertheless, HUD agrees that the
referenced guidance should reflect these revisions.
Comment: The rule only incorporates NFPA 58 by reference for LPG
containers 250 gallons or less which are exempt from hazard
restrictions. HUD should incorporate NFPA 58 by reference for all LPG
containers regardless of size in order to maintain a consistent
approach to handling LPG as a hazard.
HUD Response: As discussed above, in this final rule HUD is
incorporating NFPA 58 (2017) by reference for LPG containers 1,000
gallons or less that are exempt from hazard restrictions. Containers
larger than 1,000 gallons will still be defined as ``hazards'' and will
still need to comply with HUD's safety standards at 24 CFR part 51,
subpart C. This rulemaking is intended to mitigate regulatory and cost
burden related to residential propane tanks (which typically hold 1,000
gallons or less) \8\ and is not intended to address commercial,
industrial, or agricultural propane tanks (which typically hold more
than 1,000 gallons).\9\
---------------------------------------------------------------------------
\8\ See NFPA 58 LP-Gas Code Handbook (2017).
\9\ Ibid.
---------------------------------------------------------------------------
IV. Incorporation by Reference
This rule incorporates the following voluntary consensus standard
for siting of HUD-assisted projects near aboveground propane storage
tanks that hold up to 1000 gallons: NFPA 58 Liquefied Petroleum Gas
Code (2017). The NFPA develops building, fire, and electrical safety
codes and standards. Federal agencies frequently use these codes and
standards as the basis for developing Federal regulations concerning
safety. NFPA 58 (2017) provides industry benchmark and operational
information and standards for safe propane storage, handling,
transportation, and use. NFPA 58 (2017) mitigates risks and ensures
safe installations, to prevent failures, leaks, and tampering that
could lead to fires and explosions. The regulation cannot account for
future editions of NFPA that do not yet exist. Therefore, if HUD wishes
to revise the standard in the future to incorporate newer editions of
NFPA 58 this would require further rulemaking.
NFPA 58 (2017) is available online, via read-only access, at
https://www.nfpa.org/codes-and-standards/all-codes-and-standards/list-of-codes-and-standards/detail?code=58. Members of the public may visit
the link and create a username and password to view the free-access
edition. The standard may also be obtained from the National Fire
Protection Association at 1 Batterymarch Park, Quincy, MA 02169,
telephone number (800) 344-3555, fax number (800) 593-6372.
V. Findings and Certifications
Regulatory Review--Executive Orders 12866 and 13563
Under Executive Order 12866 (Regulatory Planning and Review), a
determination must be made whether a regulatory action is significant
and, therefore, subject to review by the Office of Management and
Budget (OMB) in accordance with the requirements of the order.
Executive Order 13563 (Improving Regulations and Regulatory Review)
directs executive agencies to analyze regulations that are ``outmoded,
ineffective, insufficient, or excessively burdensome, and to modify,
streamline, expand, or repeal them in accordance with what has been
learned.'' Executive Order 13563 also directs that, where relevant,
feasible, and consistent with regulatory objectives, and to the extent
permitted by law, agencies are to
[[Page 4228]]
identify and consider regulatory approaches that reduce burdens and
maintain flexibility and freedom of choice for the public. HUD has
examined the economic, budgetary, legal, and policy implications of
this action and has determined that this final rule is a significant
regulatory action under section 3(f) of Executive Order 12866 (but not
an economically significant action). HUD has prepared a regulatory
impact analysis that addresses the costs and benefits of the final
rule. The analysis is available at Regulations.gov and is part of the
docket file for this rule.
Executive Order 13771
Executive Order 13771, entitled ``Reducing Regulation and
Controlling Regulatory Costs,'' was issued on January 30, 2017. This
final rule is an Executive Order 13771 deregulatory action. Details on
the estimated cost savings of this rule can be found in the rule's
economic analysis.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.)
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 nonprofit organizations,
and small governmental jurisdictions.
This rule updates a codified regulation to reduce regulatory and
cost burden on communities that may be restricted in their ability to
site HUD-assisted projects because of the presence of stationary
aboveground propane storage tanks that may be nearby. Specifically, the
rule allows the siting of HUD-assisted projects near stationary
aboveground propane storage tanks with a capacity of 1,000 gallons or
less if the storage tank complies with NFPA Code 58 (2017). HUD has
determined that the rule would result in the reduction of costly
mitigation measures.
Small entities affected by the rule include owner-occupied single
family, small public housing authorities, and a limited number of
multifamily projects. Notwithstanding, HUD has determined that the
rule's impact will be to reduce administrative burdens and generate
cost savings estimated to be from $200,000-$18,000,000 per year. Due to
economies of scale and the cost of compliance with the existing rule,
these reductions of administrative burden will provide relatively
greater benefit to entities that are small. This rule would have
minimal impact on small firms because they would not be required to
modify current operational procedures. The rule will eliminate the need
for costly waiver processes and mitigation costs on the part of these
small entities. For example, as described in the Regulatory Impact
Analysis, of 1200 small rental properties in Mississippi applying for
disaster recovery assistance after Hurricane Katrina, 750 required
additional compliance measures or a waiver under current 24 CFR part 51
subpart C in order to be eligible for assistance. Removing such
obstacles to assistance would have particularly beneficial impact for
similarly situated small rental properties, and other small entities,
that are assisted going forward. Similarly, as discussed in the
Regulatory Impact Analysis, HUD's 2017 waiver for certain Community
Development Block Grant and Home Investment Partnerships programs in
Vermont included both residences and small businesses; specifically,
restaurants. In waiving the requirements of the existing regulation as
to these small businesses, HUD noted that in 2011 there were 1,346
restaurants in Vermont using propane. These restaurants were affected
by the cost or practicability of compliance with the existing rule, and
these costs will be saved in future projects under this rule.
Accordingly, the undersigned certifies that this rule will not have a
significant economic impact on a substantial number of small entities.
Environmental Impact
A Finding of No Significant Impact with respect to the environment
for this rule has been made in accordance with HUD regulations at 24
CFR part 50, which implement section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The Finding of
No Significant Impact is available for public inspection between 8 a.m.
and 5 p.m., weekdays in the Regulations Division, Office of General
Counsel, U.S. Department of Housing and Urban Development, 451 7th
Street SW, Room 10276, Washington, DC 20410-5000. Due to security
measures at the HUD Headquarters building, please schedule an
appointment to review the Finding by calling the Regulations Division
at (202) 708-3055 (this is not a toll-free number). Individuals with
speech or hearing impairments may access this number via TTY by calling
the Federal Relay Service at (800) 877-8339. The Finding of No
Significant Impact will also be available for review in the docket for
this rule on Regulations.gov.
Federalism Impact
Executive Order 13132 (entitled ``Federalism'') prohibits, to the
extent practicable and permitted by law, an agency from promulgating a
regulation that has federalism implications and either imposes
substantial direct compliance costs on State and local governments and
is not required by statute, or preempts State law, unless the relevant
requirements of section 6 of the Executive order are met. This rule
does not have federalism implications and does not impose substantial
direct compliance costs on State and local governments or preempt State
law within the meaning of the Executive order.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538) (UMRA) establishes requirements for Federal agencies to
assess the effects of their regulatory actions on State, local, and
tribal governments and on the private sector. This rule would not
impose any Federal mandates on any State, local, or tribal governments,
or on the private sector, within the meaning of UMRA.
List of Subjects in 24 CFR Part 51
Airports, Hazardous substances, Housing standards, Incorporation by
reference, Noise control.
Accordingly, for the reasons stated in the foregoing preamble, HUD
amends 24 CFR part 51 as follows:
PART 51--ENVIRONMENTAL CRITERIA AND STANDARDS
0
1. The authority citation for 24 CFR part 51 subpart C continues to
read as follows:
Authority: 42 U.S.C. 3535(d), unless otherwise noted.
0
2. In Sec. 51.201, revise the definition of ``hazard'' to read as
follows:
Sec. 51.201 Definitions.
* * * * *
Hazard--means any stationary container which stores, handles, or
processes hazardous substances of an explosive or fire prone nature.
The term ``hazard'' does not include:
(1) Pipelines for the transmission of hazardous substances, if such
pipelines are located underground, or comply with applicable Federal,
State and local safety standards;
(2) Containers with a capacity of 100 gallons or less when they
contain common liquid industrial fuels, such as gasoline, fuel oil,
kerosene, and crude oil, since they generally would pose no
[[Page 4229]]
danger in terms of thermal radiation or blast overpressure to a
project;
(3) Facilities that are shielded from a proposed HUD-assisted
project by the topography, because these topographic features
effectively provide a mitigating measure already in place;
(4) All underground containers; and
(5) Containers used to hold liquefied petroleum gas with a
volumetric capacity not to exceed 1,000 gallons water capacity, if they
comply with National Fire Protection Association (NFPA) 58. NFPA 58,
Liquefied Petroleum Gas Code, 2017 Edition, copyright 2016 is
incorporated by reference into this section with the approval of the
Director of the Federal Register, under 5 U.S.C. 552(a) and 1 CFR part
51. All approved material is available for inspection at HUD's Office
of Environment and Energy, 202-402-5226, and is available from National
Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169,
telephone number 800-344-3555, fax number 800-593-6372, www.nfpa.org.
It is also available for inspection at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, email [email protected] or visit
www.archives.gov/federal-register/cfr/ibr-locations.html. Persons with
hearing or speech impairments may access the numbers above through TTY
by calling the Federal Relay Service, toll-free, at 800-877-8339.
* * * * *
Dated: January 9, 2020.
David C. Woll, Jr.,
Principal Deputy Assistant Secretary for Community Planning and
Development.
[FR Doc. 2020-00440 Filed 1-23-20; 8:45 am]
BILLING CODE 4210-67-P