[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