[Federal Register Volume 66, Number 124 (Wednesday, June 27, 2001)]
[Notices]
[Pages 34191-34192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16267]


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ENVIRONMENTAL PROTECTION AGENCY

[AD-FRL-7004-6]


New Source Review (NSR) 90-day Review and Report to the President

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability and opportunity to comment.

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[[Page 34192]]

SUMMARY: This notice announces the availability of, and opportunity to 
comment on, a background paper that will be used in the development of 
EPA's Report to the President on the impact of the Environmental 
Protection Agency's New Source Review (NSR) program on investment in 
new utility and refinery generation capacity, energy efficiency, and 
environmental protection. The National Energy Policy Development Group, 
under the direction of Vice President Richard Cheney, has directed EPA, 
in consultation with the Secretary of Energy and other relevant 
agencies, to review NSR regulations, including administrative 
interpretation and implementation, and prepare this Report to the 
President within 90 days. The Report to the President is scheduled to 
be released in August. The background paper summarizes the data that 
EPA has found thus far addressing the topics that are covered by the 
NEPD Group's recommendation. The background paper is not a draft of the 
Report to the President, but is intended to facilitate public comment 
on issues that may be addressed in that report.
    The EPA is now accepting comments on this background paper and 
other information relevant to the NSR Review and Report to the 
President. Because the Report to the President is scheduled to be 
completed in August, commenters are encouraged to submit information as 
early as possible.

DATES: Comments will be accepted until July 27, 2001.

ADDRESSES: Docket No. A-2001-19 contains the background paper and 
additional supporting information that EPA relied upon in developing 
the background paper. Material in the docket is available for public 
inspection and copying between 8:00 a.m. and 5:30 p.m., Monday through 
Friday, at the Air and Radiation Docket and Information Center, U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington, DC 
20460, telephone (202) 260-7548, fax (202) 260-4000. The docket is 
available at the above address in Room M-1500, Waterside Mall (ground 
floor, central mall). A reasonable fee may be charged for copying. The 
background paper is also available on the Internet at the following 
address: http://www.epa.gov/air/NSR-review.
    Comments and additional information may be provided in writing to 
the address provided above for the Air and Radiation Docket and 
Information Center, or may be faxed to the Docket at (202) 260-4000. 
Information may also be submitted by electronic mail (e-mail) to: [email protected]. Electronic comments must be submitted as an ASCII 
file to avoid the use of special characters and encryption problems or 
on disks in WordPerfect version 5.1, 6.1 or Corel 9 file format. All 
comments and data submitted in any form must note the docket number: A-
2001-19.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Ling, Information Transfer 
and Program Integration Division (MD-12), U.S. EPA, Research Triangle 
Park, North Carolina 27711, (919) 541-4729, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: In its May 2001 report, the energy task 
force headed by Vice President Cheney recommended that ``the 
Administrator of the EPA, in consultation with the Secretary of Energy 
and other relevant agencies, review the New Source Review regulations, 
including administrative interpretation and implementation, and report 
to the President within 90 days on the impact of the regulations on 
investment in new utility and refinery generation capacity, energy 
efficiency, and environmental protection.''
    New Source Review is a program that was first incorporated into the 
Clean Air Act in 1977. It requires that a source of air pollution 
install the best pollution control equipment when it is built or when 
it makes a major modification that increases emissions. NSR has been an 
important part of EPA's efforts to protect air quality. At the same 
time, it is widely recognized that the NSR program is overly complex 
and burdensome both for affected companies and for the state and local 
agencies that are responsible for implementing it. For several years, 
EPA has been exploring options designed to simplify the program, reduce 
the length of the review process, and remove any barriers it may pose 
to innovation and improved energy efficiency.
    Consistent with the Report, EPA has undertaken a 90-day review of 
NSR to determine if changes should be made to help the program work 
more efficiently while still maintaining environmental safeguards. In 
particular, the Agency will study the impact of NSR regulations on 
investment in new utility and refinery capacity, energy efficiency, and 
pollution emissions.
    The final report, which is scheduled to be submitted to the 
President on August 17, will summarize NSR data related to the 
electricity generating and petroleum refining industries, and examine 
whether NSR, including enforcement cases filed against those 
industries, have had a negative impact on investments in new capacity. 
The report will also include recommendations on how to improve NSR and 
minimize any adverse impacts on the energy industry.
    EPA is conducting this review in close cooperation and consultation 
with the Department of Energy, the Department of the Interior, the 
Office of Management and Budget, the White House Council on 
Environmental Quality, and the National Economic Council.
    In addition to today's notice of availability and opportunity to 
submit comments on the background paper, the Agency is taking 
additional steps to seek input from the public and from affected 
stakeholders. We will hold several public meetings across the U.S. to 
collect information and public views on NSR. Information about these 
meetings will be published separately in the Federal Register, and will 
be available on the Internet at http://www.epa.gov/air/NSR-review. We 
will also hold separate meetings with outside stakeholders, including 
affected industries, environmental groups, and state and local 
governments.

    Dated: June 22, 2001.
Linda Fisher,
Deputy Administrator.
[FR Doc. 01-16267 Filed 6-26-01; 8:45 am]
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