[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