[Federal Register Volume 66, Number 190 (Monday, October 1, 2001)]
[Proposed Rules]
[Pages 49894-49895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24074]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-70665]


Standards of Performance for Industrial-Commercial-Institutional 
Steam Generating Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendment.

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SUMMARY: We are proposing to amend the current provisions in the 
standards of performance for industrial-commercial-institutional steam 
generating units which permit owners and operators of new steam 
generating units located at chemical manufacturing plants and petroleum 
refineries burning high-nitrogen byproduct/wastes to petition the 
Administrator for a site specific nitrogen oxides emission limit. The 
amendment extends the provisions to owners and operators of new steam 
generating units located at pulp and paper mills.
    In the Rules and Regulations section of this Federal Register, we 
are making this amendment in a direct final rule, without prior 
proposal, because we view this revision as noncontroversial, and we 
anticipate no significant adverse comments. We have explained our 
reasons for this amendment in the preamble to the direct final rule.
    If we receive no significant adverse comments, we will take no 
further action on the rule. If an adverse comment applies to an 
amendment, paragraph, or section of the rule, and that provision may be 
addressed separately from the remainder of the rule, we will withdraw 
only those provisions on which we received adverse comments. We will 
publish a timely withdrawal in the Federal Register indicating which 
provisions will become effective and which provisions are being 
withdrawn.

DATES: Comments. Submit comments on or before October 31, 2001.
    Public Hearing. If anyone contacts us requesting to speak at a 
public hearing by October 22, 2001, we will hold a public hearing on 
October 31, 2001. Persons interested in attending the hearing should 
call Mrs. Kelly Hayes at (919) 541-5578 to verify that a hearing will 
be held.

ADDRESSES: Comments. By U.S. Postal Service, send comments (in 
duplicate if possible) to: Air and Radiation Docket and Information 
Center (6102), Attention Docket Number A-2001-18, U.S. EPA, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460. In person or by 
courier, deliver comments (in duplicate if possible) to: Air and 
Radiation Docket and Information Center (6102), Attention Docket Number 
A-2001-18, U.S. EPA, 401 M Street, SW., Washington, DC 20460. The EPA 
requests that a separate copy of each public comment be sent to the 
contact person listed below.
    Public Hearing. If a public hearing is held, it will be held at 
10:00 a.m. in our Office of Administration Auditorium, Research 
Triangle Park, North Carolina, or at an alternate site nearby.
    Docket. Docket No. A-2001-18 contains supporting information used 
in developing the standards and guidelines. The docket is located at 
the U.S. EPA, 401 M Street, SW., Washington, DC 20460 in room M-1500, 
Waterside Mall (ground floor), and may be inspected from 8:30 a.m. to 
5:30 p.m., Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Fred Porter, Combustion Group, 
Emission Standards Division (MD-13), U.S. EPA, Research Triangle Park, 
North Carolina 27711; telephone number (919) 541-5251; facsimile number 
(919) 541-5450; electronic mail address [email protected].

SUPPLEMENTARY INFORMATION: Comments. Comments and data may 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 and will also be accepted on disks 
in WordPerfect version 5.1, 6.1 or Corel 8 file format. All 
comments and data submitted in electronic form must note the docket 
number A-2001-18. No confidential business information (CBI) should be 
submitted by e-mail. Electronic comments may be filed online at many 
Federal Depository Libraries.
    Commenters wishing to submit propriety information for 
consideration must clearly distinguish such information from other 
comments and clearly label it as CBI. Send submissions containing such 
propriety information directly to the following address, and not to the 
public docket, to ensure that propriety information is not 
inadvertently placed in the docket: Attention: Mr. Fred Porter, U.S. 
EPA, c/o OAQPS Document Control Officer, 411 W. Chapel Hill Street, 
Room 740, Durham NC 27701. We will disclose information identified as 
CBI only to the extent allowed by the procedures set forth in 40 CFR 
part 2. If no claim of confidentiality accompanies a submission when it 
is received, the information may be made available to the public 
without further notice to the commenter.
    Docket. The docket is an organized and complete file of information 
compiled in developing this rulemaking. The docket is a dynamic file 
because material is added throughout the rulemaking process. The 
docketing system is intended to allow members of the public and 
industries involved to readily identify and locate documents so that 
they can effectively participate in the rulemaking process. Along with 
the proposed and promulgated standards and their preambles, the docket 
contains the record in the case of judicial review. The docket number 
for this rulemaking is A-2001-18, which contains supporting information 
used in developing the standards and guidelines. An index for each 
docket, as well as individual items contained within the dockets, may 
be obtained by calling (202) 260-7548 or (202) 260-7549. A reasonable 
fee may be charged for copying docket materials. Docket indexes are 
also available by facsimile, as described on the Office of Air and 
Radiation, Docket and Information Center Website at http://www.epa.gov/airprogm/oar/docket/faxlist.html.
    World Wide Web. In addition to being available in the docket, an 
electronic copy of this action will be posted on the Technology 
Transfer Network's (TTN) policy and guidance information page http://
www/epa/gov/ttn/caaa. The TTN provides information and technology 
exchange in various areas of air pollution control. If more information 
regarding the TTN is needed, call the TTN HELP line at (919) 541-5384.
    Regulated Entities. The regulated categories and entities that 
potentially will be affected by this amendment include the following:

[[Page 49895]]



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          Category            NAICS CODES   SIC CODES          Examples of potentially regulated entities
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Pulp and paper..............          322           26                                      Pulp and paper mills
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    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. This table lists the types of entities that we are now aware 
could potentially be regulated by this action. Other types of entities 
not listed in the table could also be regulated. To determine whether 
your facility, company, business, organization, etc., is regulated by 
this action, you should carefully examine the applicability criteria in 
Sec. 60.41b of the rules. If you have questions regarding the 
applicability of this action to a particular entity, consult the person 
listed in the preceding FOR FURTHER INFORMATION CONTACT section.

What Are the Administrative Requirements for This Action?

    For a complete discussion of all of the administrative requirements 
applicable to this action, see the direct final rule in the Rules and 
Regulations section of this Federal Register.

Regulatory Flexibility Act (RFA), as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of this proposed rule on 
small entities, small entity is defined as (1) a small business in the 
regulated industry which has less than 750 employees; (2) a small 
governmental jurisdiction that is a government of a city, county, town, 
school district or special district with a population of less than 
50,000; or (3) a small organization that is any not-for-profit 
enterprise that is independently owned and operated and is not dominant 
in its field.
    After considering the economic impacts of this proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This 
proposed rule will not impose any requirements on small entities 
because it does not impose any additional regulatory requirements.
    For additional information, see the direct final rule published in 
the Rules and Regulations section of this Federal Register publication.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: September 20, 2001.
Christine Todd Whitman,
Administrator.
[FR Doc. 01-24074 Filed 9-28-01; 8:45 am]
BILLING CODE 6560-50-P