[Federal Register Volume 64, Number 73 (Friday, April 16, 1999)]
[Proposed Rules]
[Pages 18862-18864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9572]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6326-3]
RIN 2060-A128


Hazardous Air Pollutants: Amendment to Regulations Governing 
Equivalent Emission Limitations by Permit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendments.

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SUMMARY: On May 20, 1994, the Agency promulgated a rule in the Federal 
Register (59 FR 26429) governing the establishment of equivalent 
emission limitations by permit, pursuant to section 112(j) of the Clean 
Air Act (Act). After the effective date of a Title V permit program in 
a State, each owner or operator of a major source in a source category 
for which the EPA was scheduled, but failed, to promulgate a section 
112(d) emission standard will be required to obtain an equivalent 
emission limitation by permit. The permit application must be submitted 
to the Title V permitting authority 18 months after the EPA's missed 
promulgation date. This action proposes to amend the original 
Regulations Governing Equivalent Emission Limitations by Permit rule to 
delay the section 112(j) permit application deadline for all 7-year 
source categories listed in the regulatory schedule until December 15, 
1999. This action is needed to alleviate unnecessary paperwork for both 
major source owners or operators and permitting agencies. EPA does not 
consider this amendment to be controversial and does not anticipate 
receiving adverse comments. Because timely relief from the existing 
application deadline is essential, this amendment is being issued as a 
direct final rule in the final rules section of this Federal Register. 
EPA will consider any adverse comments concerning the direct final rule 
to also be adverse comments concerning this proposal. If EPA does not 
receive timely adverse comments concerning this proposal or the 
accompanying direct final rule, or a timely request for a public 
hearing on this proposal, we will take no further action with respect 
to this proposal, and the direct final rule will become final on May 
17, 1999.

DATES: Comments. EPA will accept comments regarding this proposal on or 
before April 26, 1999. Additionally, a public hearing regarding this 
proposal will be held if anyone requesting to speak at a public hearing 
contacts the EPA by April 23, 1999. If a hearing is requested, the 
hearing will be held at the EPA Office of Administration Auditorium, 
Research Triangle Park, NC on May 3, 1999 beginning at 10:00 a.m.

ADDRESSES:1 Comments. Comments should be submitted (in duplicate, if 
possible) to: Air and Radiation Docket and Information Center (6102), 
Attention Docket No. A-93-32 (see docket section below), Room M-1500, 
U.S. Environmental Protection Agency, 401 M Street, S.W., Washington, 
D.C. 20460. EPA requests that a separate copy also be sent to the 
contact person listed below.
    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 on May 3, 1999 beginning at 10 a.m. Persons requesting 
to speak at or interested in attending a public hearing concerning this 
proposal should contact Mr. James Szykman or Mr. David Markwordt, 
Emission Standards Division (MD-13), U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711, telephone (919) 
541-2452 (Szykman) or (919) 541-0837 (Markwordt).

[[Page 18863]]

    Docket. Docket No. A-93-32, containing the supporting information 
for the original Regulations Governing Equivalent Emission Limitations 
by Permit rule is available for public inspection and copying between 
8:00 a.m. and 5:30 p.m., Monday through Friday, at the EPA's Air and 
Radiation Docket and Information Center (6102), 401 M Street, S.W., 
Washington, D.C. 20460, or by calling (202) 260-7548. A reasonable fee 
may be charged for copying.
    An electronic version of this rule is available for download 
through the EPA web site at: http://www.epa.gov/ttn/oarpg. For further 
information and general questions regarding the Technology Transfer 
Network (TTNWEB), call Mr. Hersch Rorex (919) 541-5637 or Mr. Phil 
Dickerson (919) 541-4814.

FOR FURTHER INFORMATION CONTACT: Mr. James Szykman or Mr. David 
Markwordt, Emission Standards Division (MD-13), U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711, 
telephone (919) 541-2452 (Szykman) or (919) 541-0837 (Markwordt).

SUPPLEMENTARY INFORMATION: If EPA does not receive timely adverse 
comments or a timely hearing request concerning this proposed rule, no 
further action will be taken concerning this proposal, 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 EPA 
receives timely adverse comment or a timely hearing request, we will 
publish a withdrawal in the Federal Register informing the public that 
the direct final rule will not take effect. In that event, we will 
address all public comments in a subsequent final rule based on this 
proposal. The EPA will not provide further opportunity for public 
comment on this action. All parties interested in commenting on this 
amendment must do so at this time.
    Electronic comments and data may be submitted by sending electronic 
mail (e-mail) to: [email protected]. Submit comments 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 Word 
Perfect 5.1 or 6.1 or ACSII file format. Identify all comments and data 
in electronic form by the docket numbers A-93-22. No Confidential 
Business Information (CBI) should be submitted through electronic mail. 
Electronic comments may be filed online at many Federal Depository 
Libraries.
    EPA is proposing to extend the section 112(j) permit application 
filing deadline for all emission standards in the 7-year category from 
May 15, 1999 until December 15, 1999. For an additional explanation of 
the nature of the proposed amendment, the detailed rationale supporting 
the amendment, and the rule provision, see the information provided in 
the direct final rule in the final rules section of this Federal 
Register.

Administrative

A. Docket

    The docket for this regulatory action is A-93-32, the same docket 
as the original final rule, and a copy of the proposed amendment to the 
final rule will be included in the docket. The principle purposes of 
the docket are: (1) To allow interested parties a means to identify and 
locate documents so that they can effectively participate in the 
rulemaking process; and (2) to serve as the record in case of judicial 
review (except for interagency review materials) (section 307(d)(7)(A) 
of the Act). The docket is available for public inspection at the EPA's 
Air and Radiation Docket and Information Center, the location of which 
is given in the ADDRESSES section of this document.

B. Paperwork Reduction Act

    The information collection requirements in this rule will be 
submitted for approval to the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. An 
Information Collection Request (ICR) document will be prepared by EPA 
(ICR No. 1648.02 ) and a copy will be available from Sandy Farmer by 
mail at OP Regulatory Information Division; U.S. Environmental 
Protection Agency (2137); 401 M St., S.W.; Washington, DC 20460, by 
email at [email protected], or by calling (202) 260-2740. A 
copy may also be downloaded off the internet at http://www.epa.gov/icr. 
The information requirements are not effective until OMB approves them.
    Section 112(j) of the Clean Air Act as amended in 1990 (CAAA) 
requires a source to submit a permit application if EPA fails to 
promulgate a MACT standard for a category of subcategory of major 
sources on schedule. The permit application is used by the permitting 
to issue permits containing maximum achievable control technology 
(MACT) emission limitation on a case-by-case (source-by-source) basis, 
equivalent to what would have been promulgated by EPA. The requirement 
to submit the permit application is not voluntary. Section 112(j) of 
the CAAA contains the need and authority for this information 
collection. [42 U.S.C. 7401 (et. seq.) as amended by Pub. L. 101-549]. 
Any information submitted to a permitting authority with a claim of 
confidentiality is to be safeguarded according to policies in 40 CFR 
Chapter 1, Part 2, Subpart B--Confidentiality of Business Information.
    The total estimated burden, which includes all activities 
associated with the respondents or government agencies, is $1,323,000 
and 46,339 hours. This collection of information has an estimated 
reporting burden of 171 hours per respondent and 140 hours per 
permitting agency. The permit application is a one time occurrence 
along with the issuance of the permit by the permitting agency. This 
estimated cost per respondent is $4,600 and $4,300 per permitting 
agency.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.

C. Under E.O. 12866: The Unfunded Mandates Reform Act of 1995, the 
Regulatory Flexibility Act, and the Small Business Regulatory 
Enforcement Fairness Act of 1996

    Because the regulatory revisions that are the subject of today's 
notice would delay an existing requirement, this action is not a 
``significant'' regulatory action within the meaning of Executive Order 
12866, and does not impose any Federal mandate on State, local and 
tribal governments or the private sector within the meaning of the 
Unfunded Mandates Reform Act of 1995. Further, the EPA has determined 
that it is not

[[Page 18864]]

necessary to prepare a regulatory flexibility analysis in connection 
with this action under the Regulatory Flexibility Act and the Small 
Business Regulatory Enforcement Fairness Act of 1996. The regulatory 
change proposed here is expected to reduce regulatory burdens on small 
businesses, and will not have a significant impact on a substantial 
number of small entities. EPA certifies that the proposed amendment 
will not have a significant impact on a substantial number of small 
entities.

D. National Technology Transfer and Advancement Act

    Under section 12 of the National Technology Transfer and 
Advancement Act of 1995, the EPA must consider the use of ``voluntary 
consensus standards,'' if available and applicable, when implementing 
policies and programs, unless it would be ``inconsistent with 
applicable law or otherwise impractical.'' The intent of the National 
Technology Transfer and Advancement Act is to reduce the costs to the 
private and public sectors by requiring federal agencies to draw upon 
any existing, suitable technical standards used in commerce or 
industry.
    A ``voluntary consensus standard'' is a technical standard 
developed or adopted by a legitimate standards-developing organization. 
The Act defines ``technical standards'' as ``performance-based or 
design-specific technical specifications and related management systems 
practices.'' A legitimate standards-developing organization must 
produce standards by consensus and observe principles of due process, 
openness, and balance of interests. Examples of organizations that are 
regarded as legitimate standards-developing organizations include the 
American Society for Testing and Materials (ASTM), International 
Organization for Standardization (ISO), International Electrotechnical 
Commission (IEC), American Petroleum Institute (API), National Fire 
Protection Association (NFPA) and Society of Automotive Engineers 
(SAE).
    Since today's action does not involve the establishment or 
modification of technical standards, the requirements of the National 
Technology Transfer and Advancement Act do not apply.

E. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997), applies to any rule that (1) OMB determines is ``economically 
significant'' as defined under Executive Order 12866, and (2) EPA 
determines the environmental health or safety risk addressed by the 
rule has a disproportionate effect on children. If the regulatory 
action meets both criteria, the Agency must evaluate the environmental 
health or safety aspects of the planned rule on children, and explain 
why the planned regulation is preferable to other potentially effective 
and reasonably feasible alternatives considered by the Agency.
    These regulatory revisions are not subject to the Executive Order 
because it is not economically significant as defined in E.O. 12866, 
and because the Agency does not have reason to believe the 
environmental health or safety risks addressed by this action present a 
disproportionate risk to children.

F. Executive Order 13084: Consultation and Coordination With Indian 
Tribal Governments

    Under Executive Order 13084, EPA may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. These rule revisions impose 
no enforceable duties on these entities. Rather, these rule revisions 
reduce burdens associated with certain regulatory requirements. 
Accordingly, the requirements of section 3(b) of Executive Order 13084 
do not apply to this rule.

G. Executive Order 12875: Enhancing the Intergovernmental Partnership

    Under Executive Order 12875, EPA may not issue a regulation that is 
not required by statute and that creates a mandate upon a State, local 
or tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, Executive Order 12875 requires EPA to provide to the Office 
of Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected State, local and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.''
    Today's rule changes do not create a mandate on State, local or 
tribal governments. The rule changes do not impose any enforceable 
duties on these entities. Rather, the rule changes reduce burden for 
certain regulatory requirements. Accordingly, the requirements of 
section 1(a) of Executive Order 12875 do not apply to this rule.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practices and procedures, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: April 12, 1999.
Carol M. Browner,
Administrator.
[FR Doc. 99-9572 Filed 4-15-99; 8:45 am]
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