[Federal Register Volume 63, Number 85 (Monday, May 4, 1998)]
[Proposed Rules]
[Pages 24515-24517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11261]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60 and 63

[AD-FRL-6003-6]
RIN 2060-AH94


Standards of Performance for New Stationary Sources: General 
Provisions; National Emission Standards for Hazardous Air Pollutants 
for Source Categories: General Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action amends the General Control Device Requirements (40 
CFR 60.18) which were issued as a final rule on January 21, 1986, and 
the Control Device Requirements (40 CFR 63.11) which were issued as a 
final rule on March 16, 1994. This action amends the flare provisions 
contained in these requirements to include operating specifications for 
flares that contain substantial amounts of hydrogen in their waste 
streams. EPA believes that hydrogen-fueled flares meeting the operating 
specifications in this amendment will achieve the same control 
efficiency, i.e., 98 percent or greater, as flares complying with the 
existing flare specifications. Further, these specifications will 
result in reduced emissions of carbon monoxide, nitrogen oxides, and 
carbon dioxide formed during the combustion of supplemental fuel 
necessary for hydrogen-fueled flares to comply with existing 
regulations.
    Because these amendments are only adding specifications for 
hydrogen-fueled flares and do not otherwise alter the level of 
pollutant reduction required for flares used to comply with the 
requirements of the Clean Air Act, the EPA does not anticipate 
receiving adverse comments. Consequently, the proposed revisions to the 
promulgated rule are also being issued as a direct final rule in the 
final rules section of this Federal Register. If no relevant adverse 
comments are received by the due date for comments (see DATES section), 
no further action will be taken with respect to this proposal, and the

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direct final rule will become final on the date provided in that 
action.

DATES: Comments. Comments must be received on or before June 3, 1998, 
unless a hearing is requested by May 14, 1998. If a hearing is 
requested, written comments must be received by June 18, 1998.
    Public Hearing. Anyone requesting a public hearing must contact the 
EPA no later than May 14, 1998. If a hearing is held, it will take 
place on May 19, 1998 beginning at 10:00 a.m.

ADDRESSES: Comments. Comments should be submitted (in duplicate, if 
possible) to the Air and Radiation Docket and Information Center 
(6102), Attention Docket No. A-97-48 (Hydrogen-Fueled Flares), Room M-
1500, U. S. Environmental Protection Agency, 401 M Street S.W., 
Washington, DC 20460. The EPA requests that a separate copy also be 
sent to Mr. Robert Rosensteel (see FOR FURTHER INFORMATION CONTACT 
section for address). Comments may also be submitted electronically by 
following the instructions provided in the SUPPLEMENTARY INFORMATION 
section. No Confidential Business Information (CBI) should be submitted 
through electronic mail.
    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 call Ms. Marguerite Thweatt, Organic 
Chemicals Group, (MD-13), U.S. Environmental Protection Agency, 
Research Triangle Park, North Carolina 27711, telephone number (919) 
541-5673.
    Docket. The official record for this rulemaking has been 
established under docket Number A-97-48 (Hydrogen-Fueled Flares). A 
public version of this record, including printed, paper versions of 
electronic comments and data, which does not include any information 
claimed as CBI, is available for inspection between 8 a.m. and 4 p.m., 
Monday through Friday, excluding legal holidays. The official 
rulemaking record is located at the address in the ADDRESSES section. 
Alternatively, a docket index, as well as individual items contained 
within the docket, may be obtained by calling (202) 260-7548 or (202) 
260-7549. A reasonable fee may be charged for copying.

FOR FURTHER INFORMATION CONTACT: For information concerning the 
technical analysis for this rule, contact Mr. Robert Rosensteel at 
(919) 541-5608, Organic Chemicals Group, Emission Standards Division 
(MD-13), U. S. Environmental Protection Agency, Research Triangle Park, 
North Carolina 27711.

SUPPLEMENTARY INFORMATION:

Electronic Filing

    Electronic comments and data can be sent directly to EPA at: a-and-
[email protected]. Electronic comments and data must be 
submitted as an ASCII file avoiding the use of special characters and 
any form of encryption. Comments and data will also be accepted on 
diskette in WordPerfect 5.1 file format or ASCII file format. All 
comments and data in electronic form must be identified by the docket 
number A-97-48. Electronic comments may be filed online at many Federal 
Depository Libraries.

Electronic Availability

    This document is available in docket number A-97-48 or by request 
from the EPA's Air and Radiation Docket and Information Center (see 
ADDRESSES), and is available for downloading from the Technology 
Transfer Network (TTN), the EPA's electronic bulletin board system. The 
TTN provides information and technology exchange in various areas of 
emissions control. The service is free, except for the cost of a 
telephone call. Dial (919) 541-5742 for up to a 14,000 baud per second 
modem. For further information, contact the TTN HELP line at (919) 541-
5384, from 1:00 p.m. to 5:00 p.m., Monday through Friday, or access the 
TTN web site at: www.epa.gov/ttn/oarpg/rules.html.

Regulated Entities

    Entities affected by this action, upon promulgation, will include:

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                                                Examples of regulated   
                 Category                             entities          
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Industry..................................  Synthetic Organic Chemical  
                                             Manufacturing Industries;  
                                             and Petroleum Refining     
                                             Industries.                
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    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. This table lists the types of entities that the EPA is now 
aware could potentially be affected by this action. Other types of 
entities not listed in the table could also be affected. If you have 
questions regarding the applicability of these proposed amendments to a 
particular entity, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.
    If no relevant, 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 relevant 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 and the rule provisions, see 
the information provided in the direct final rule in the final rules 
section of this Federal Register.

Administrative

A. Paperwork Reduction Act

    This rule does not contain any information collection subject to 
the Office of Management and Budget (OMB) approval under the Paperwork 
Reduction Act (PRA), 44 U.S.C. 3501 et seq.

B. Executive Order 12866 Review

    Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlement, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined that this amendment is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to review by the Office of Management and Budget.

C. Regulatory Flexibility Act

    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with this proposed rule. EPA has 
also determined that this rule will not have

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a significant economic impact on a substantial number of small 
entities, because this rule imposes no additional regulatory 
requirements, but merely expands the types of flares that may be used 
to meet the requirements of 40 CFR parts 60 and 63. The Administrator 
certifies that this rule will not have a significant economic impact on 
small entities.

D. Unfunded Mandates Reform Act

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final standards that include a Federal mandate that may result in 
estimated costs to State, local, or tribal governments, or to the 
private sector, of, in the aggregate, $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 standard 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 standards.
    The EPA has determined that the final standards do not include a 
Federal mandate that may result in estimated costs of, in the 
aggregate, $100 million or more to either State, local, or tribal 
governments, or to the private sector, nor do the standards 
significantly or uniquely impact small governments, because they 
contain no requirements that apply to such governments or impose 
obligations upon them. Therefore, the requirements of the Unfunded 
Mandates Act do not apply to this proposed rule.

List of Subjects

40 CFR Part 60

    Environmental protection, and Air pollution control.

40 CFR Part 63

    Environmental protection, Air pollution control, and Hazardous 
substances.

    Dated: April 17, 1998.
Carol M. Browner,
Administrator.
[FR Doc. 98-11261 Filed 5-1-98; 8:45 am]
BILLING CODE 6560-50-P