83 FR 63457 - Conforming the Acceptable Separation Distance (ASD) Standards for Residential Propane Tanks to Industry Standards
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Federal Register Volume 83, Issue 236 (December 10, 2018)
Federal Register Volume 83, Issue 236 (December 10, 2018)
| Page Range | 63457-63460 | |
| FR Document | 2018-26493 |
[Federal Register Volume 83, Number 236 (Monday, December 10, 2018)] [Proposed Rules] [Pages 63457-63460] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26493] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Part 51 [Docket No: FR-6054-P-01] 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: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This proposed rule would modernize an existing regulation to reduce regulatory and cost burden on communities that may be restricted in their ability to site HUD-assisted projects, including those for low- and moderate-income housing, because of the presence of stationary aboveground liquefied petroleum gas (propane) storage tanks that may be nearby. Specifically, this proposed rule would allow the siting of HUD- assisted projects near stationary aboveground propane storage tanks with a capacity of 250 gallons or less if the storage tank complies with National Fire Protection Association (NFPA) Code 58 (Liquefied Petroleum Gas Code) (2017). HUD proposes to incorporate, by reference, NFPA 58, a voluntary consensus standard for public safety that establishes standards used by the propane industry and operators regarding storage, handling, transportation, and use of propane. To ensure the continued safety of residents in HUD-assisted projects and communities, HUD would rely upon NFPA codes and standards, with which many states already comply. DATES: Comment Due Date: February 8, 2019. ADDRESSES: Interested persons are invited to submit comments regarding this proposed rule. All communications must refer to the above docket number and title. There are two methods for submitting public comments. 1. Submission of Comments by Mail. Comments may be submitted by mail to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW, Room 10276, Washington, DC 20410-0500. 2. Electronic Submission of Comments. Interested persons may submit comments electronically through the Federal eRulemaking Portal at www.regulations.gov. HUD strongly encourages commenters to submit comments electronically. Electronic submission of comments allows the commenter maximum time to prepare and submit a comment, ensures timely receipt by HUD, and enables HUD to make comments immediately available to the public. Comments submitted electronically through the www.regulations.gov website can be viewed by other commenters and interested members of the public. Commenters should follow the instructions provided on that site to submit comments electronically. Note: To receive consideration as public comments, comments must be submitted through one of the two methods specified above. Again, all submissions must refer to the docket number and title of the rule. No Facsimiled Comments. Facsimiled (faxed) comments are not acceptable. Public Inspection of Public Comments. Copies of all comments submitted are available for inspection and downloading at www.regulations.gov. In addition, all properly submitted comments and communications submitted to HUD will be available for public inspection and copying between 8 a.m. and 5 p.m., weekdays, at the above address. Due to security measures at the HUD Headquarters building, an advance appointment to review the public comments must be scheduled 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 (this is a toll-free number). FOR FURTHER INFORMATION CONTACT: Danielle Schopp, Director, Office of Environment and Energy, Office of Community Planning and Development, 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 February 10, 1984 (49 FR 5100), HUD published a final rule to minimize the possibility of loss of life and substantial property loss by establishing for HUD-assisted projects safety standards to calculate acceptable separation distances (ASD) from specific, stationary, hazardous operations that store, handle, or process hazardous substances, including [[Page 63458]] petrochemical products. HUD's standards, currently codified at 24 CFR part 51, subpart C, are based on the findings of studies conducted by the Department, one in 1975 and one in 1982.\1\ The effect of these standards is to withhold HUD approval of an application for assistance for projects located at less than a prescribed ASD 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 that is 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. Acceptable mitigation measures, as described in Sec. 51.205 and HUD guidance, include tank burial or building a blast wall.\2\ Tank burial is an involved process requiring costly construction procedures, and permit and design fees, especially in an urban environment. Similarly, constructing a blast wall or a barrier to surround the tank or a building structure on a HUD-assisted property's site to shield a proposed project from the hazard may be cost- prohibitive and burdensome, because most of the propane tanks that affect HUD-assisted projects are located offsite on adjacent properties. --------------------------------------------------------------------------- \2\ https://www.hud.gov/sites/documents/BARRIER_DESIGN_GUIDANCE.PDF. --------------------------------------------------------------------------- HUD's experience has been that there are significant practical and economic difficulties in mitigating off-site residential propane tanks located on adjacent properties. For example, in the wake of Hurricane Katrina in 2008, HUD waived Sec. 51.202(a) to permit applications to be considered for the State of Mississippi's Small Rental Assistance and Long-Term Workforce Housing Programs, because the HUD-assisted projects would be less than the ASD to residential propane tanks as established by regulation. More recently, HUD was advised that 22.7 percent of Vermont households are served by propane gas \3\ and that projects using HUD Community Development Block Grant and HOME Investment Partnerships assistance would require mitigation measures to comply with HUD's ASD regulation. To address this issue, HUD waived Sec. 51.202. In both waivers, HUD stated that propane tank compliance with National Fire Protection Association Code 58 (NFPA 58) mitigated any danger to HUD-assisted projects sited adjacent to the hazard. --------------------------------------------------------------------------- \3\ This information was provided by the Vermont Department of Forests, Parks & Recreation. --------------------------------------------------------------------------- Based on HUD's experience, HUD recognizes the need to streamline and update its current rule to allow the siting of HUD-assisted projects near stationary propane tanks that hold up to 250 gallons. HUD's determination that there exists a need to update this rule is also based on the advent of modern propane tank designs; updated fire safety codes, including NFPA 58; and the often cost-prohibitive nature of mitigation measures. This proposed rule would strike a more appropriate balance between safety and cost-effective measures to reduce regulatory burden across communities that need HUD-assisted projects. II. This Proposed Rule Current HUD regulations at Sec. 51.202 provide that HUD will not approve an application for assistance for a proposed project located less than the ASD from a hazard unless appropriate mitigation measures (defined in Sec. 51.205) are implemented or in place. With two exceptions, a hazard is defined in Sec. 51.201 as ``any stationary container which stores, handles or processes hazardous substances of an explosive or fire prone nature.'' Propane is included in the definition of a ``hazardous gas.'' An ASD assessment is required for both blast overpressure (explosion) and thermal radiation (fire) for propane tanks near HUD-assisted projects. Where projects are less than the ASD from a propane tank, mitigation measures are required to protect outdoor areas, buildings, and their inhabitants from potential explosions and fires. This rule proposes to update the existing regulation concerning aboveground propane storage tanks by creating a new exception to the definition of ``hazard'' as set out in 24 CFR 51.201. While the current codified definition of ``hazard'' at Sec. 51.201 will remain unchanged for the most part, this proposed rule would except from the definition propane tanks of up to 250 gallons if the handling and storage of such tanks is compliant with NFPA 58 (2017). The rule proposes an exception for propane tanks up to 250 gallons. Typically, propane tanks up to 250 gallons are used for residential purposes, including heating and cooking. NFPA 58 is a voluntary consensus standard and most states have adopted an edition of NFPA 58 into their state and local codes and regulations for propane tanks. HUD proposes to incorporate the 2017 edition of NFPA 58 because this edition has documentation requirements for the addition of odorant and verification of its presence, which is a safety measure that older editions of NFPA 58 do not contain. While HUD proposes to incorporate NFPA 58 (2017), HUD welcomes comments from states that have adopted editions of NFPA 58 other than the 2017 edition on how this proposed rule will affect them. Additionally, this proposed rule would explicitly codify HUD's longstanding policy that there is no need for an ASD between HUD- assisted projects and underground containers. HUD has interpreted existing regulations to exempt belowground storage tanks, as the burial of hazardous materials is subject to state laws that ensure tanks are buried deeply enough so that the risk of fire or blast overpressure is sufficiently mitigated. As a result, belowground storage tanks fall within the existing exclusion for facilities shielded from proposed projects by the topography. Therefore, HUD wishes to explicitly clarify that all underground containers are similarly exempt from the definition of ``hazard.'' HUD is proposing this rule to update its current regulation that was published in 1984 and which does not account for updated standards and technology. As discussed, the awareness of safety standards and tank designs have contributed to reducing the hazard of fire and explosion. HUD has determined, therefore, the risk posed by any stationary propane tank of up to 250 gallons is adequately addressed by NFPA 58 (2017), a widely used standard. When the current regulation was originally drafted, most of the new and updated safety features incorporated into industrial propane gas tanks did not exist. For a propane tank to comply with NFPA 58 (2017), specific safety precautions must be met. For example, the tank must be equipped with certain features, including a spring-loaded pressure relief valve, a cylinder foot ring, cylinder collar, and valve cover; the contents of the tank must be identified, including note of the date it was manufactured or recertified; and the tank must be in good condition and free of signs of specific wear and defects. HUD's proposed exception to the term ``hazard'' will minimize the imposition of unjustified costs, saving HUD grantees the cost of constructing mitigation measures to address [[Page 63459]] residential propane tanks located on properties that do not meet the ASD. Overall, HUD proposes this action to reduce regulatory burden and cost and, at the same time, ensure the safety and health of residents. III. Incorporation by Reference Before HUD issues a final rule, the reference standards proposed for incorporation will be approved by the Director of the Federal Register, in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. This rule proposes to incorporate the following voluntary consensus standard for siting of HUD-assisted projects near aboveground propane storage tanks that hold up to 250 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 provides industry benchmark and operational information and standards for safe propane storage, handling, transportation, and use. NFPA 58 mitigates risks and ensures safe installations, to prevent failures, leaks, and tampering that could lead to fires and explosions. This proposed rule would only incorporate the 2017 version of NFPA 58. The rule 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, further rulemaking would be required. NFPA 58 (2017) is available online for review and comment during this rule's comment period, via read-only access, at NFPA link 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 user name 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, Massachusetts 02269, telephone number 617-770-3000, fax number 617-770-0700. IV. 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 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 proposed rule is a significant regulatory action under section 3(f) of Executive Order 12866 (but not an economically significant action). HUD has prepared a cost benefit analysis that addresses the costs and benefits of the proposed rule. The cost analysis is part of the docket file for this rule. The docket file is available for public inspection at either www.regulation.gov or in the Regulations Division, Office of the General Counsel, Room 10276, 451 7th Street SW, Washington, DC 20410- 0500. Due to security measures at the HUD Headquarters building, please schedule an appointment to review the docket file by calling the Regulations Division at 202-402-3055 (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 toll-free 800-877-8339. Executive Order 13771 Executive Order 13771, entitled ``Reducing Regulation and Controlling Regulatory Costs,'' was issued on January 30, 2017. This proposed rule is expected to be an Executive Order 13771 deregulatory action. Details on the estimated cost savings of this proposed 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 not-for-profit organizations, and small governmental jurisdictions. The purpose of this proposed rule is to update 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 proposes to allow the siting of HUD- assisted projects near stationary aboveground propane storage tanks with a capacity of 250 gallons or less if the storage tank complies with the National Fire Protection Association (NFPA) Code 58 (Liquefied Petroleum Gas Code) (2017). HUD has determined that the rule, if implemented as proposed, would result in the reduction of costly mitigation measures. Savings are estimated to be from $100,000 to $4 million per year and involve approximately 20 projects per year. Accordingly, the undersigned certifies that this rule would not have a significant economic impact on a substantial number of small entities. Environmental Impact A Finding of No Significant Impact (FONSI) with respect to the environment 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 FONSI is available for public inspection on www.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 proposed rule would not impose any Federal mandates on any State, local, or tribal [[Page 63460]] 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 proposes to amend 24 CFR part 51 as follows: PART 51--ENVIRONMENTAL CRITERIA AND STANDARDS 0 1. The authority citation for 24 CFR part 51 continues to read as follows: Authority: 42 U.S.C. 3535(d), unless otherwise noted. 0 2. In Sec. 51.200, revise the heading, designate the introductory text as paragraph (a), redesignate paragraphs(a) through (e) as paragraphs (a)(1) through (a)(5), and add new paragraph (b) to read as follows: Sec. 51.200 Purpose and Incorporation by Reference. (a) The purpose of this subpart C is to: * * * * * (b) Certain material is incorporated by reference into this part 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 from the sources indicated below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741- 6030 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. (1) National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts 02269, telephone number 617-770-3000, fax number 617-770-0700, www.nfpa.org. (i) NFPA 58: Liquefied Petroleum Gas Code (2017), IBR approved for Sec. 51.201. (ii) [Reserved] (2) [Reserved] 0 3. 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 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 designed to hold liquefied propane gas with a volumetric capacity not to exceed 250 gallons, if they comply with the NFPA 58 (incorporated by reference, see Sec. 51.200(b)). * * * * * Dated: October 18, 2018. Neal J. Rackleff, Assistant Secretary for Community Planning and Development. [FR Doc. 2018-26493 Filed 12-7-18; 8:45 am] BILLING CODE 4210-67-P
![Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Proposed Rules 63457
(202) 693–3700 (this is not a toll-free DEPARTMENT OF HOUSING AND comments electronically. Electronic
number). You may also contact Adele URBAN DEVELOPMENT submission of comments allows the
Gagliardi, Administrator, Office of commenter maximum time to prepare
Policy Development and Research, U.S. 24 CFR Part 51 and submit a comment, ensures timely
Department of Labor, 200 Constitution [Docket No: FR–6054–P–01] receipt by HUD, and enables HUD to
Avenue NW, Room N–5641, make comments immediately available
Washington, DC 20210. RIN 2506–AC45 to the public. Comments submitted
Comments under the Paperwork electronically through the
Reduction Act (PRA): In addition to Conforming the Acceptable Separation www.regulations.gov website can be
filing comments with ETA, persons Distance (ASD) Standards for viewed by other commenters and
wishing to comment on the information Residential Propane Tanks to Industry interested members of the public.
collection (IC) aspects of this rule may Standards Commenters should follow the
send comments to: Office of Information AGENCY: Office of the Assistant instructions provided on that site to
and Regulatory Affairs, Attn: OMB Desk Secretary for Community Planning and submit comments electronically.
Officer for DOL–ETA, Office of Development, HUD. Note: To receive consideration as public
Management and Budget, Room 10235, comments, comments must be submitted
ACTION: Proposed rule.
725 17th Street NW, Washington, DC through one of the two methods specified
20503, Fax: (202) 395–6881 (this is not SUMMARY: This proposed rule would above. Again, all submissions must refer to
a toll-free number), email: OIRA_ modernize an existing regulation to the docket number and title of the rule.
submission@omb.eop.gov. See reduce regulatory and cost burden on No Facsimiled Comments. Facsimiled
Paperwork Reduction Act section of this communities that may be restricted in (faxed) comments are not acceptable.
proposal for particular areas of interest. their ability to site HUD-assisted Public Inspection of Public
FOR FURTHER INFORMATION CONTACT: projects, including those for low- and Comments. Copies of all comments
Thomas M. Dowd, Deputy Assistant moderate-income housing, because of submitted are available for inspection
Secretary, Employment and Training the presence of stationary aboveground and downloading at
Administration, Department of Labor, liquefied petroleum gas (propane) www.regulations.gov. In addition, all
Box #12–200, 200 Constitution Ave. storage tanks that may be nearby. properly submitted comments and
NW, Washington, DC 20210, telephone Specifically, this proposed rule would communications submitted to HUD will
(202) 513–7350 (this is not a toll-free allow the siting of HUD-assisted projects be available for public inspection and
number). Individuals with hearing or near stationary aboveground propane copying between 8 a.m. and 5 p.m.,
speech impairments may access the storage tanks with a capacity of 250 weekdays, at the above address. Due to
telephone numbers above via TTY by gallons or less if the storage tank security measures at the HUD
calling the toll-free Federal Information complies with National Fire Protection Headquarters building, an advance
Relay Service at 1–877–889–5627 (TTY/ Association (NFPA) Code 58 (Liquefied appointment to review the public
TDD). Petroleum Gas Code) (2017). HUD comments must be scheduled by calling
SUPPLEMENTARY INFORMATION: On proposes to incorporate, by reference, the Regulations Division at 202–708–
November 9, 2018, the Department NFPA 58, a voluntary consensus 3055 (this is not a toll-free number).
published an NPRM in the Federal standard for public safety that Individuals with speech or hearing
Register at 83 FR 55985, proposing establishes standards used by the impairments may access this number
regulatory revisions that would propane industry and operators via TTY by calling the Federal Relay
modernize the recruitment an employer regarding storage, handling, Service at 800–877–8339 (this is a toll-
seeking H–2A nonimmigrant transportation, and use of propane. To free number).
agricultural workers must conduct when ensure the continued safety of residents FOR FURTHER INFORMATION CONTACT:
applying for a temporary labor in HUD-assisted projects and Danielle Schopp, Director, Office of
certification. In particular, the communities, HUD would rely upon Environment and Energy, Office of
Department is proposing to replace the NFPA codes and standards, with which Community Planning and Development,
print newspaper advertisements that its many states already comply. Department of Housing and Urban
regulations currently require with DATES: Comment Due Date: February 8, Development, 451 7th Street SW,
electronic advertisements posted on the 2019. Washington, DC 20410; telephone
internet, which the Department believes
ADDRESSES: Interested persons are number 202–402–5226 (this is not a toll-
will be a more effective and efficient
invited to submit comments regarding free number). Persons with hearing or
means of disseminating information
this proposed rule. All communications speech impairments may access this
about job openings to U.S. workers.
The NPRM requested public must refer to the above docket number number through TTY by calling the
comments on the NPRM on or before and title. There are two methods for Federal Relay Service at 800–877–8339
December 10, 2018. The Department has submitting public comments. (this is a toll-free number).
received a request to extend the 1. Submission of Comments by Mail. SUPPLEMENTARY INFORMATION:
comment period to allow the public to Comments may be submitted by mail to
the Regulations Division, Office of I. Background
provide input on the proposed changes.
General Counsel, Department of On February 10, 1984 (49 FR 5100),
In light of the request, the Department
Housing and Urban Development, 451 HUD published a final rule to minimize
has extended the period for submitting
7th Street SW, Room 10276, the possibility of loss of life and
public comment to December 28, 2018.
Washington, DC 20410–0500. substantial property loss by establishing
Molly E. Conway, 2. Electronic Submission of for HUD-assisted projects safety
Acting Assistant Secretary for Employment Comments. Interested persons may standards to calculate acceptable
and Training Administration, Department of submit comments electronically through separation distances (ASD) from
Labor. the Federal eRulemaking Portal at specific, stationary, hazardous
[FR Doc. 2018–26766 Filed 12–6–18; 4:15 pm] www.regulations.gov. HUD strongly operations that store, handle, or process
BILLING CODE 4510–FP–P encourages commenters to submit hazardous substances, including
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governments, or on the private sector, are located underground, or comply in the Federal Register document of
within the meaning of UMRA. with applicable Federal, State and local September 17, 2018 (83 FR 47004)
safety standards; (FRL–9983–14).
List of Subjects in 24 CFR Part 51 (2) Containers with a capacity of 100
Airports, Hazardous substances, FOR FURTHER INFORMATION CONTACT:
gallons or less when they contain
Housing standards, Incorporation by common liquid industrial fuels, such as For technical information contact:
reference, Noise control. gasoline, fuel oil, kerosene and crude Kenneth Moss, Chemical Control
Accordingly, for the reasons stated in oil, since they generally would pose no Division (7405M), Office of Pollution
the foregoing preamble, HUD proposes danger in terms of thermal radiation or Prevention and Toxics, Environmental
to amend 24 CFR part 51 as follows: blast overpressure to a project; Protection Agency, 1200 Pennsylvania
(3) Facilities that are shielded from a Ave. NW, Washington, DC 20460–0001;
PART 51—ENVIRONMENTAL proposed HUD-assisted project by the telephone number: (202) 564–9232;
CRITERIA AND STANDARDS topography, because these topographic email address: moss.kenneth@epa.gov.
features effectively provide a mitigating For general information contact: The
■ 1. The authority citation for 24 CFR measure already in place;
part 51 continues to read as follows: TSCA-Hotline, ABVI-Goodwill, 422
(4) All underground containers; and South Clinton Ave., Rochester, NY
Authority: 42 U.S.C. 3535(d), unless (5) Containers designed to hold
14620; telephone number: (202) 554–
otherwise noted. liquefied propane gas with a volumetric
1404; email address: TSCA-Hotline@
capacity not to exceed 250 gallons, if
■ 2. In § 51.200, revise the heading, epa.gov.
they comply with the NFPA 58
designate the introductory text as
(incorporated by reference, see SUPPLEMENTARY INFORMATION: This
paragraph (a), redesignate paragraphs(a)
§ 51.200(b)). document reopens the public comment
through (e) as paragraphs (a)(1) through
(a)(5), and add new paragraph (b) to * * * * * period established in the Federal
read as follows: Dated: October 18, 2018. Register document of September 17,
Neal J. Rackleff, 2018. In that document, EPA proposed
§ 51.200 Purpose and Incorporation by SNURs for 28 chemical substances. EPA
Assistant Secretary for Community Planning
Reference. received a request to extend the
and Development.
(a) The purpose of this subpart C is to: [FR Doc. 2018–26493 Filed 12–7–18; 8:45 am]
comment period for 30 days but the
* * * * * BILLING CODE 4210–67–P
request was received too late to publish
(b) Certain material is incorporated by an extension of the comment period
reference into this part with the before the comment period expired.
approval of the Director of the Federal EPA is hereby reopening the comment
ENVIRONMENTAL PROTECTION
Register under 5 U.S.C. 552(a) and 1 period for 30 days.
AGENCY
CFR part 51. All approved material is Note that in the September 17, 2018
available for inspection at HUD’s Office 40 CFR Parts 9 and 721 issue of the Federal Register including
of Environment and Energy, 202–402– the proposed SNURs for 28 chemical
5226, and from the sources indicated [EPA–HQ–OPPT–2018–0567; FRL–9986–34]
substances, the Agency also issued
below. It is also available for inspection RIN 2070–AB27 direct final SNURs for these chemical
at the National Archives and Records substances (83 FR 47004) (FRL–9983–
Administration (NARA). For Significant New Use Rules on Certain 14). As of the date of signature of this
information on the availability of this Chemical Substances; Reopening of action to reopen the comment period on
material at NARA, call 202–741–6030 or Comment Period the proposed rule, that direct final rule
visit www.archives.gov/federal-register/ AGENCY: Environmental Protection was in the process of being withdrawn
cfr/ibr-locations.html. Persons with Agency (EPA). because of the receipt of adverse
hearing or speech impairments may comments and a request to extend the
ACTION: Proposed rule; reopening of
access the numbers above through TTY comment period. EPA will address all
comment period.
by calling the Federal Relay Service, adverse public comments in a
toll-free, at 800–877–8339. SUMMARY: EPA issued a proposed subsequent final rule, based on the
(1) National Fire Protection significant new use rule (SNUR) in the proposed rule.
Association, 1 Batterymarch Park, Federal Register of September 17, 2018
Quincy, Massachusetts 02269, To submit comments, or access the
(FRL–9983–14) for 28 chemical docket, please follow the detailed
telephone number 617–770–3000, fax substances. EPA is reopening the
number 617–770–0700, www.nfpa.org. instructions provided under ADDRESSES
comment period because it received a
(i) NFPA 58: Liquefied Petroleum Gas in the Federal Register document of
request to extend the comment period
Code (2017), IBR approved for § 51.201. September 17, 2018. If you have
but the request was received too late to
(ii) [Reserved] questions, consult the technical person
publish an extension of the comment
(2) [Reserved] listed under FOR FURTHER INFORMATION
period before the comment period
■ 3. In § 51.201, revise the definition of CONTACT.
expired.
‘‘Hazard’’ to read as follows: List of Subjects
DATES: Comments, identified by docket
§ 51.201 Definitions. identification (ID) number EPA–HQ– 40 CFR Part 9
* * * * * OPPT–2018–0567 must be received on
Hazard—means any stationary or before January 9, 2019. This Federal Environmental protection, Reporting
container which stores, handles, or Register document published the issue and recordkeeping requirements.
processes hazardous substances of an of September 17, 2018 reopens the 40 CFR Part 721
explosive or fire prone nature. The term comment period for the proposed rule
‘‘hazard’’ does not include: until January 9, 2019. Environmental protection, Chemicals,
(1) Pipelines for the transmission of ADDRESSES: Follow the detailed Hazardous substances, Reporting and
hazardous substances, if such pipelines instructions provided under ADDRESSES recordkeeping requirements.
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Document Created: 2018-12-08 00:22:28
Document Modified: 2018-12-08 00:22:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comment Due Date: February 8, 2019. | |
| Contact | Danielle Schopp, Director, Office of Environment and Energy, Office of Community Planning and Development, 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). | |
| FR Citation | 83 FR 63457 | |
| RIN Number | 2506-AC45 | |
| CFR Associated | Airports; Hazardous Substances; Housing Standards; Incorporation by Reference and Noise Control |
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