[Federal Register Volume 62, Number 164 (Monday, August 25, 1997)]
[Proposed Rules]
[Pages 44929-44930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22372]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-5879-5]
RIN 2016-AD04


Emission Guidelines for Existing Sources and Standards of 
Performance for New Stationary Sources: Large Municipal Waste 
Combustion Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This action proposes to amend the emission guidelines (subpart 
Cb) and the standards of performance (subpart Eb) for municipal waste 
combustion (MWC) units. These proposed amendments are companion 
amendments to the court-ordered remand amendments published elsewhere 
in this Federal Register. These proposed amendments would improve the 
clarity of subparts Cb and Eb, and would make technical corrections 
that have been brought to EPA's attention since the December 19, 1995 
promulgation.


[[Page 44930]]


DATES: Comments must be received on or before September 24, 1997. 
Additionally, a hearing will be convened if requests to speak are 
received by September 9, 1997. If requests to speak are received, the 
hearing will take place on September 16, 1997 beginning at 10:00 a.m. A 
message regarding the status of the public hearing may be accessed by 
calling (919) 541-5264.

ADDRESSES: Comments. Comments should be submitted (in duplicate, if 
possible) to: Air and Radiation Docket and Information Center (MC-
6102), Attention Docket Number A-90-45/Section VIII-E, U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460. Note that this is a different docket section number than that 
specified for comments on the court-related amendments included in a 
separate notice in today's Federal Register. Refer to SUPPLEMENTARY 
INFORMATION for information regarding electronic submittal of comments.
    Public Hearing. If a public hearing is held, it will be held at 
EPA's Office of Administration Auditorium, Research Triangle Park, 
North Carolina, or at an alternate site nearby. Persons interested in 
presenting oral testimony should notify Ms. Donna Collins, Combustion 
Group, Emission Standards Division (MD-13), U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711, 
telephone (919) 541-5578. The final meeting status and location can be 
determined by calling (919) 541-5264.
    Docket. Docket Nos. A-90-45 and A-89-08, containing supporting 
information for this rulemaking, are available for public inspection 
and copying between 8:00 a.m. and 5:30 p.m., Monday through Friday, at 
EPA's Air and Radiation Docket and Information Center (Mail Code 6102), 
401 M Street, SW, Washington, DC 20460, or by calling (202) 260-7548. 
The docket is located at the above address in Room M-1500, Waterside 
Mall (ground floor, central mall). A reasonable fee may be charged for 
copying.

FOR FURTHER INFORMATION CONTACT: Mr. Walter Stevenson at (919) 541-
5264, Combustion Group, Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711.

SUPPLEMENTARY INFORMATION: If no significant material adverse comments 
are received on these proposed amendments by the specified date, no 
further activity is contemplated in relation to this proposal, and the 
companion direct final rule (see the final rules section of this 
Federal Register) will automatically become effective on the date 
specified therein. If significant material adverse comments are 
received on this proposal, the companion direct final rule will be 
withdrawn and all public comments received will be addressed in a 
subsequent final rule based on this proposal. Any parties interested in 
commenting should do so during this comment period.
    The regulatory text for the proposed amendments is the same as the 
regulatory text for the direct final rule; the text is being published 
with the companion direct final rule and is incorporated by reference 
herein. In the regulatory text, the effective dates and the compliance 
dates are keyed to the promulgation date for both the guidelines and 
the standards. In the regulatory text of the guidelines, the State plan 
submittal dates and required final compliance dates are also dependent 
upon the promulgation date of these amendments. Therefore, if EPA were 
to withdraw the direct final rule as a result of comments on this 
proposal, the aforementioned dates would be revised to reflect the 
subsequent final promulgation date.
    For further supplementary information, the detailed rationale, and 
the specific amendments being proposed, see the information provided in 
the companion direct final rule in the direct final rules section of 
this issue of the Federal Register.

Electronic Submittal of Comments

    Comments and data may be submitted in hard copy or electronically. 
Electronic submittals should be sent to A-and-R-D[email protected]. 
No Confidential Business Information (CBI) should be submitted through 
e-mail. Electronic comments must be submitted as an ASCII file avoiding 
the use of special characters and any form of encryption. Electronic 
comments on this proposed rule may be filed online at many Federal 
Depository Libraries.
    Comments and data will also be accepted on disks in WordPerfect 5.1 
or 6.1 file format or ASCII file format. All comments and data for this 
proposal, whether in paper form or in electronic forms such as through 
e-mail or on disk, must be identified by the docket number A-90-45/
Section VIII-E.

Executive Order 12866 Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA 
must determine whether the regulatory action is ``significant'' and, 
therefore, subject to OMB review and the requirements of the Executive 
Order. The EPA considered the 1995 guidelines and standards to be 
significant and the rules were reviewed by OMB in 1995 (see 60 FR 
65405). The amendments proposed today would not result in any 
additional control requirements and this regulatory action is 
considered ``not significant'' under Executive Order 12866.

Unfunded Mandates Act

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a statement to accompany any rule where the estimated 
costs to State, local, or tribal governments, or to the private sector 
will be $100 million or more in any 1 year. Section 203 requires EPA to 
establish a plan for informing and advising any small governments that 
may be significantly impacted by the rule. An unfunded mandates 
statement was prepared and published in the 1995 promulgation notice 
(see 60 FR 65405-65412).
    The EPA has determined that the proposed amendments do not include 
any new Federal mandate. Therefore, the requirements of the Unfunded 
Mandates Act do not apply to this proposed rule.

Regulatory Flexibility Act (RFA)

    Section 605 of the RFA requires Federal agencies to give special 
consideration to the impacts of regulations on small entities, which 
are small businesses, small organizations, and small governments. 
During the 1995 rulemaking, EPA estimated that few, if any, small 
entities would be affected by the promulgated standards and guidelines 
and, therefore, a regulatory flexibility analysis was not required (see 
60 FR 65413). The rules proposed today would not establish any new 
requirements; therefore, pursuant to the provisions of 5 U.S.C. 605(b), 
EPA certifies that the amendments to the guidelines and standards will 
not have a significant impact on a substantial number of small 
entities, and a regulatory flexibility analysis is not required.

List of Subjects in 40 CFR Part 60

    Environmental protection, Air pollution control, Reporting and 
recordkeeping requirements.

    Dated: August 15, 1997.
Carol M. Browner,
Administrator.
[FR Doc. 97-22372 Filed 8-22-97; 8:45 am]
BILLING CODE 6560-50-P