[Federal Register Volume 64, Number 125 (Wednesday, June 30, 1999)]
[Proposed Rules]
[Pages 35110-35112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-16682]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6369-7]
RIN 2060-AD06


Hazardous Air Pollutants: Regulations Governing Constructed or 
Reconstructed Major Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule, amendments.

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SUMMARY: On December 27, 1996, the Agency published a rule in the 
Federal Register implementing certain provisions in section 112(g) of 
the Clean Air Act (Act). After the effective date of that rule, all 
owners or operators of major sources of hazardous air pollutants (HAP) 
that are constructed or reconstructed are required to install maximum 
achievable control technology (MACT) (unless specifically exempted), 
provided they are located in a State with an approved title V permit 
program. When no applicable Federal emission limitation has been 
promulgated under section 112(d) of the Act, the Act requires the 
permitting authority (generally a State or local agency responsible for 
the program) to determine a MACT emission limitation on a case-by-case 
basis. If the permitting authority has not yet established procedures 
for requiring MACT on constructed or reconstructed major sources by the 
required date, the rule provides that the EPA Regional Administrator 
will determine MACT emission limitations on a case-by-case basis for a 
period of up to one year. This action proposes to amend the rule 
governing constructed or reconstructed major sources--by providing a 
longer time period (up to 30 months) during which the EPA Regional 
Administrator may determine MACT emission limitations on a case-by-case 
basis--if the permitting authority has not yet established procedures 
for requiring MACT on constructed or reconstructed major sources. This 
action is needed in order to ensure that major sources can obtain MACT 
determinations required for construction or reconstruction in those 
jurisdictions where permitting authorities require extra time to 
establish procedures to implement the section 112(g) rule. Because the 
ability of major sources to obtain permits after June 29, 1999 depends 
upon the timely issuance of this rule, this amendment is being issued 
as a direct final rule in the final rules section of this Federal 
Register.

DATES: Comments. EPA will accept comments regarding this proposal on or 
before July 10, 1999. Additionally, a public hearing regarding this 
proposal will be held if anyone requesting to speak at a public hearing 
contacts the EPA by July 7, 1999. If a hearing is requested, the 
hearing will be held on July 14, 1999 beginning at 10:00 a.m.

ADDRESSES: Comments. Comments should be submitted (in duplicate, if 
possible) to: Air and Radiation Docket and Information Center (6102), 
Attention Docket No. A-91-64 (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 July 14, 1999 beginning at 10 a.m. Persons requesting 
to speak at or interested in attending a public hearing concerning this 
proposal should contact Ms. Kathy Kaufman, Information Transfer and 
Program Integration Division (MD-12), U.S. Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711, telephone (919) 
541-0102.
    Docket. Docket No. A-91-64, 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: Ms. Kathy Kaufman, Information 
Transfer and Program Integration Division (MD-12), U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711, 
telephone (919) 541-0102.

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: a-and-r-
[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-91-64. No Confidential Business Information (CBI) 
should be submitted

[[Page 35111]]

through electronic mail. Electronic comments may be filed online at 
many Federal Depository Libraries.
    This action extends the time period (up to 30 months) during which 
the EPA Regional Administrator may determine MACT emission limitations 
on a case-by-case basis, if the permitting authority has not yet 
established procedures for requiring MACT on constructed or 
reconstructed major sources. 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 Requirements

A. Docket

    The docket for this regulatory action is A-91-64, the same docket 
as the original final rule, and a copy of today's 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. Paper Reduction Act

    The information collection requirements of the previously 
promulgated rule for Regulations Governing Equivalent Emission 
Limitations by Permit were submitted to and approved by the Office of 
Management and Budget. A copy of this Information Collection Request 
(ICR) document (ICR No. 1658.01) may be obtained from Sandy Farmer, 
OPPE Regulatory Information Division (2136), U.S. Environmental 
Protection Agency, 401 M Street, S.W., Washington, D.C. 20460, or by 
calling (202) 260-2740. Today's change to the final rule does not 
affect the information collection burden estimates made previously. 
Therefore, the ICR has not been revised.

C. Analysis 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 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 not expected to affect the 
regulatory burdens on small businesses, and will not have a significant 
impact on a substantial number of small entities. Therefore, I certify 
that this action will not have a significant economic impact on a 
substantional 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

[[Page 35112]]

revisions impose no enforceable duties on these entities. 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 additional 
enforceable duties on these entities. 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: June 24, 1999.
Carol M. Browner,
Administrator.
[FR Doc. 99-16682 Filed 6-29-99; 8:45 am]
BILLING CODE 6560-50-P