[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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