[Federal Register Volume 66, Number 222 (Friday, November 16, 2001)]
[Proposed Rules]
[Pages 57829-57830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28085]



  Federal Register / Vol. 66, No. 222 / Friday, November 16, 2001 / 
Proposed Rules  

[[Page 57829]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[AD-FRL-7100-9]
RIN 2060-AJ52


Standards of Performance for Large Municipal Waste Combustors for 
Which Construction Is Commenced After September 20, 1994 or for Which 
Modification or Reconstruction Is Commenced After June 19, 1996 and 
Emissions Guidelines and Compliance Times for Large Municipal Waste 
Combustors That Are Constructed on or Before September 20, 1994

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; amendment.

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SUMMARY: We are proposing to amend the standards of performance for 
large municipal waste combustors (MWC) by extending the time during 
which such units will be excused from compliance with the emission 
limits for carbon monoxide due to certain types of malfunctions. Since 
the compliance and performance testing provisions in the emissions 
guidelines for large MWC reference the compliance and performance 
testing provisions in the standards of performance, this amendment to 
the standards has the effect of amending both the standards and the 
guidelines.
    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 this proposed rule. If an adverse comment applies to 
an amendment, paragraph, or section of this proposed rule, and that 
provision may be addressed separately from the remainder of this 
proposed 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which provisions are being withdrawn.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 December 17, 2001.
    Public Hearing. If anyone contacts us requesting to speak at a 
public hearing by December 6, 2001, we will hold a public hearing on 
December 17, 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-90-45, 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-90-45, 
U.S. EPA, 401 M Street, SW, Washington, DC 20460. We request 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-90-45 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: porter. [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-90-45. 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, c/o 
OAQPS Document Control Officer, U.S. EPA, 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 the development of this proposed rule. 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 proposed rule is A-90-45, 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 57830]]



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                 Category                  NAICS codes   SIC codes                Regulated entities
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Industry, Federal government, and State/        562213         4953  Solid waste combustors or incinerators at
 local/tribal governments.                       92411         9511   waste-to-energy facilities that generate
                                                                      electricity or steam from the combustion
                                                                      of garbage (typically municipal waste);
                                                                      and solid waste combustors or incinerators
                                                                      at facilities that combust garbage
                                                                      (typically municipal waste) and do not
                                                                      recover energy from the waste.
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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 
Secs. 60.50b and 60.32b of 40 CFR part 60, subpart Cb and Eb. 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 Procedures 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 that has a gross annual revenue less than $6 
million; (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: November 1, 2001.
Christine Todd Whitman,
Administrator.
[FR Doc. 01-28085 Filed 11-15-01; 8:45 am]
BILLING CODE 6560-50-P