[Federal Register Volume 61, Number 222 (Friday, November 15, 1996)]
[Proposed Rules]
[Pages 58497-58498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29356]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 51 and 52
[AD-FRL-5652-1]
Prevention of Significant Deterioration (PSD) and Nonattainment
New Source Review (NSR); Proposed Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rulemaking; clarification and corrections.
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SUMMARY: This document contains a clarification and corrections to the
[[Page 58498]]
proposed rulemaking, the NSR Reform rulemaking, which was published
Tuesday, July 23, 1996 (61 FR 38249). The NSR Reform rulemaking
proposes to revise regulations for the approval and promulgation of
implementation plans, and the requirements for preparation, adoption,
and submittal of implementation plans governing the NSR programs
mandated by parts C and D of title I of the Clean Air Act.
FOR FURTHER INFORMATION CONTACT: Daniel deRoeck, Information Transfer
and Program Integration Division, MD-12, Office of Air Quality Planning
and Standards, U.S. EPA, Research Triangle Park, North Carolina 27711,
telephone (919) 541-5593, telefax (919) 541-5509.
SUPPLEMENTARY INFORMATION:
Clarification
The EPA proposed the Clean Unit exclusion as a simplified
applicability test for changes to existing emissions units that already
are well controlled. See 61 FR 38255-38258. The proposal is intended to
require that in order for an existing emissions unit to qualify as a
``clean unit'' the unit must have a federally enforceable emissions
limit that ``is comparable'' to the best available control technology
or lowest achievable control technology requirements for that type of
unit, whichever would otherwise be applicable to the proposed change.
The relevant regulatory language is contained in proposed
Sec. 51.165(a)(1)(v)(C) (10) through (13) of the nonattainment NSR
rules, Secs. 51.166(b)(2)(iii)(L) (1) through (4), and
52.21(b)(2)(iii)(L) (1) through (4) of the PSD rules, and is referenced
in Sec. 52.24(f) of the statutory restriction on new sources
(construction ban). In each rule, EPA intended that eligibility for the
clean unit exclusion is to be contingent upon several criteria being
satisfied. However, in the proposed language in Sec. 51.165 it may not
be clear to the reader that each of the criteria under paragraphs
(a)(1)(v)(C)(10) through (a)(1)(v)(C)(13) must be satisfied in order
for an emissions unit to qualify for the exclusion. Because of a
problem with the overall structure of the regulations at Sec. 51.165,
it is not feasible to make a simple correction without first
restructuring the overall regulation. Instead, for purposes of
interpreting and commenting on the proposal the reader is advised to
read the ``Clean Unit'' exemption as provided in
Secs. 51.166(b)(2)(iii)(L) (1) through (4) and 52.21(b)(2)(iii)(L) (1)
through (4) (as corrected below) for the correct interpretation of the
proposed exclusion. The EPA is considering the most effective way to
restructure Sec. 51.165 to correct the problem, and intends to make the
necessary restructuring at the time of promulgation of final
rulemaking.
Need for Correction
As published, the preamble and proposed amendments to the
regulations at Secs. 51.166 and 52.21, contain errors which are
misleading and are in need of clarification.
Correction of Publication
Accordingly, the publication on July 23, 1996 of the proposed
regulations 40 CFR 51.166 and 52.21, which were the subject of FR Doc.
96-17544, are corrected to read as follows:
Correction to Preamble
1. On page 38258, in the first column, in section II.C.4.,
Description of the Clean Facility Proposal, in the third sentence, the
reference ``Secs. 51.165(a)(1)(v)(C)(11),'' is corrected to read
``Secs. 51.165(a)(1)(v)(C)(14),''.
Sec. 51.166 [Corrected]
2. On page 38330, in the second column, in Sec. 51.166, paragraph
(b)(2)(iii)(L)(2)(iii), the last line is corrected by removing the
period (``.'') and adding a semicolon (``;'').
3. On page 38330, in the second column, in Sec. 51.166, paragraph
(b)(2)(iii)(L)(3), the last line is corrected by adding the word
``and'' after the semicolon.
4. On page 38330, in the second column, in Sec. 51.166, paragraph
(b)(2)(iii)(L)(4), the last line is corrected by removing the text ``;
and'' and adding a period (``.'').
Sec. 52.21 [Corrected]
5. On page 38337, in the third column, in Sec. 52.21, paragraph
(b)(2)(iii)(L)(2)(iii), the last line is corrected by removing the
period (``.'') and adding a semicolon (``;'').
6. On page 38337, in the third column, in Sec. 52.21, paragraph
(b)(2)(iii)(L)(3), the last line is corrected by adding the word
``and'' after the semicolon.
7. On page 38337, in the third column, in Sec. 52.21, in paragraph
(b)(2)(iii)(L)(4), the last line is corrected by removing the text ``;
and'' and adding a period (``.'').
Dated: November 8, 1996.
Mary Nichols,
Assistant Administrator for Air and Radiation.
[FR Doc. 96-29356 Filed 11-14-96; 8:45 am]
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