[Federal Register Volume 61, Number 92 (Friday, May 10, 1996)]
[Proposed Rules]
[Pages 21414-21415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11738]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63

[AD-FRL-5503-2]


Hazardous Air Pollutants: Amendment to Regulations Governing 
Equivalent Emission Limitations by Permit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On May 20, 1994, the Agency promulgated a rule in the Federal 
Register (59 FR 26429) governing the establishment of equivalent 
emission limitations by permit, pursuant to section 112(j) of the Clean 
Air Act (Act). After the effective date of a Title V permit program in 
a State, each owner or operator of a major source in a source category 
for which the EPA was scheduled to, but failed to promulgate a section 
112(d) emission standard will be required to obtain an equivalent 
emission limitation by permit. The permit application must be submitted 
to the Title V permitting authority 18 months after the EPA's missed 
promulgation date. This action proposes to amend the original 
Regulations Governing Equivalent Emission Limitations by Permit rule to 
delay the section 112(j) permit application deadline for all 4-year 
source categories listed in the regulatory schedule by 180 days until 
November 15, 1996. This action is needed to alleviate unnecessary 
paperwork for both major source owners or operators and permitting 
agencies. Because the changes are merely to delay the permit 
application deadline for all 4 year source categories, the EPA does not 
anticipate receiving adverse comments. Consequently the revisions are 
also being issued as a direct final rule in the final rules section of 
this Federal Register. If no significant adverse comments are timely 
received, no further action will be taken with respect to this 
proposal, and the direct final rule will become final on the date 
provided in that action.

DATES: Comments. Comments must be received on or before June 10, 1996, 
unless a hearing is requested by May 20, 1996. If a hearing is 
requested, written comments must be received by June 24, 1996.
    Public Hearing. Anyone requesting a public hearing must contact the 
EPA no later than May 20, 1996. If a hearing is held, it will take 
place on May 28, 1996, beginning at 10:00 a.m.

ADDRESSES: Comments. Comments should be submitted (in duplicate, if 
possible) to: Air and Radiation Docket and Information Center (6102), 
Attention Docket No. A-93-32 (see docket section below), Room M-1500, 
U.S. Environmental Protection Agency, 401 M Street, S.W., Washington, 
D.C. 20460. The EPA requests that a separate copy also be sent to the 
contact person listed below.
    Public Hearing. If a public hearing is held, it will be held at the 
EPA's Office of Administration Auditorium, Research Triangle Park, 
North Carolina. Persons interested in attending the hearing or wishing 
to present oral testimony should notify Ms. Yvonne Chandler, U.S. 
Environmental Protection Agency, Research Triangle Park, N.C. 27711, 
telephone (919) 541-5627.
    Docket. Docket No. A-93-32, containing the supporting information 
for the original Regulations Governing Equivalent Emission Limitations 
by Permit rule is available for public inspection and copying between 
8:00

[[Page 21415]]

a.m. and 5:30 p.m., Monday through Friday, at the EPA's Air and 
Radiation Docket and Information Center (6102), 401 M Street, S.W., 
Washington, D.C. 20460, or by calling (202) 260-7548. A reasonable fee 
may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr. James Szykman or Mr. Anthony 
Wayne, Emission Standards Division (MD-13), U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711, 
telephone (919) 541-2452 (Szykman) or (919) 541-5439 (Wayne).

SUPPLEMENTARY INFORMATION: If no significant, adverse comments are 
timely received, no further activity is contemplated in relation to 
this proposed rule, and the direct final rule in the final rules 
section of this Federal Register will automatically go into effect on 
the date specified in that rule. If significant adverse comments are 
timely received, the direct final rule will be withdrawn, and all 
public comment received will be addressed in a subsequent final rule. 
Because the EPA will not institute a second comment period on this 
proposed rule, any parties interested in commenting should do so during 
this comment period.
    For further supplemental information, the detailed rationale, and 
the rule provisions, see the information provided in the direct final 
rule in the final rules section of this Federal Register.

Administrative

A. Regulatory Impact Analysis

    This rule was classified ``non-significant'' under Executive Order 
12866 and, therefore, was not reviewed by the Office of Management and 
Budget.

B. Impact on Reporting Requirements

    The information collection requirements of the previously 
promulgated rule for Regulations Governing Equivalent Emission 
Limitations by Permit were submitted to and approved by the Office of 
Management and Budget. A copy of this Information Collection Request 
(ICR) document (OMB control number 2060-0266) may be obtained from 
Sandy Farmer, OPPE Regulatory Information Division (2136), U.S. 
Environmental Protection Agency, 401 M Street, S.W., Washington, D.C. 
20460, or by calling (202) 260-2740. Today's proposed revisions to the 
deadline for submittal of section 112(j) permit applications does not 
affect the information collection burden estimates made previously. 
Therefore, the ICR has not been revised.

C. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 requires the identification 
of potentially adverse impacts of Federal regulations upon small 
business entities. The Act specifically requires the completion of a 
Regulatory Flexibility Analysis in those instances where small business 
impacts are possible. Because this proposed rulemaking imposes no 
economic impacts, adverse or otherwise, a Regulatory Flexibility 
Analysis has not been prepared.
    Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify 
that this rule will not have a significant economic impact on a 
substantial number of small business entities.

D. Reduction of Governmental Burden

    Executive Order 12875 (``Enhancing the Intergovernmental 
Partnership'') is designed to reduce the burden to State, local, and 
Tribal governments of the cumulative effect of unfunded Federal 
mandates. The Order recognizes the need for these entities to be free 
from unnecessary Federal regulation to enhance their ability to address 
problems they face and provides for Federal agencies to grant waivers 
to these entities from discretionary Federal requirements. The Order 
applies to any regulation that is not required by statute and that 
creates a mandate upon a State, local, or Tribal government. The EPA 
anticipates that there will be no additional cost burden imposed on 
State, local, and Tribal governments as a result of today's action. 
Indeed, the purpose of the action is to reduce unnecessary burden on 
permitting agencies.

E. Environmental Justice

    Executive Order 12898 requires that each Federal agency shall make 
achieving environmental justice part of its mission by identifying and 
addressing, as appropriate, disproportionately high and adverse human 
health or environmental effects of its programs, policies, and 
activities on minority and low-income populations. Today's action will 
help ensure timely compliance and the application of consistent 
regulatory requirements by allowing the section 112(d) MACT standards 
to become effective without triggering an unnecessary section 112(j) 
process. Therefore, no adverse human health or environmental effects 
are anticipated as a result of today's action.

F. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), the EPA must prepare a budgetary impact 
statement to accompany any proposed or final rule that includes a 
Federal mandate that may result in estimated costs to State, local, or 
tribal governments in the aggregate; or to the private sector, of $100 
million or more. Under Section 205, the EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives 
of the rule and is consistent with statutory requirements. Section 203 
requires the EPA to establish a plan for informing and advising any 
small governments that may be significantly or uniquely impacted by the 
rule.
    The EPA has determined that the action proposed today does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. Therefore, the requirements of the 
Unfunded Mandates Act do not apply to this action.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practices and procedures, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: May 3, 1996.
Carol M. Browner,
Administrator.
[FR Doc. 96-11738 Filed 5-9-96; 8:45 am]
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