[Federal Register Volume 69, Number 129 (Wednesday, July 7, 2004)]
[Proposed Rules]
[Pages 40829-40831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15205]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[OAR-2004-0068; FRL-7782-1]
RIN 2060-AK35


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: We are proposing a facility-specific NOX standard 
for a steam generating unit which simultaneously combusts fossil fuel 
and chemical by-product waste at the Weyerhaeuser Company facility 
located in New Bern, North Carolina. New source performance standards 
(NSPS) limiting emissions of nitrogen oxides (NOX) from 
industrial-commercial-institutional steam generating units capable of 
combusting more than 100 million British thermal units (Btu) per hour 
were proposed on June 19, 1984 and were promulgated on November 25, 
1986. The standards limit NOX emissions from the combustion 
of fossil fuels, as well as the combustion of fossil fuels with other 
fuels or wastes. The standards include provisions for facility-specific 
NOX standards for steam generating units which 
simultaneously combust fossil fuel and chemical by-product waste(s) 
under certain conditions.
    In the Rules and Regulations section of this Federal Register, we 
are taking direct final action on the proposed amendments because we 
view the amendments as noncontroversial and we anticipate no 
significant adverse comments. We have explained our reasons for the 
proposed amendments in the preamble to the direct final rule.
    If we receive no significant adverse comments, we will take no 
further action on the proposed amendments. If we receive significant 
adverse comments, we will withdraw only those provisions on which we 
received significant adverse comments. We will publish a timely 
withdrawal in the Federal Register indicating which provisions will 
become effective and which provisions are being withdrawn. If part or 
all of the direct final rule amendments in the Rules and Regulations 
section of this Federal Register are withdrawn, all comments pertaining 
to those provisions will be addressed in a subsequent final action 
based on the proposed amendments. We will not institute a second 
comment period on the subsequent final action. Any parties interested 
in commenting must do so at this time.

DATES: Comments. Comments must be received on or before August 6, 2004, 
unless a hearing is requested by July 19, 2004. If a timely hearing 
request is submitted, we must receive written comments on or before 
August 23, 2004.

ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2004-
0068, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Agency Web site: http://www.epa.gov/edocket. EDOCKET, 
EPA's electronic public docket and comment system, is EPA's preferred 
method for receiving comments. Follow the online instructions for 
submitting comments.
     E-mail: [email protected].
     Fax: (202) 566-1741.
     Mail: EPA Docket Center, Environmental Protection Agency, 
Mailcode: 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. 
Please include a duplicate copy, if possible.
     Hand Delivery: Air and Radiation Docket, Environmental 
Protection Agency, 1301 Constitution Avenue, NW., Room B-108, 
Washington, DC 20460. Such deliveries are only accepted during the 
Docket's normal hours of operation, and special arrangements should be 
made for deliveries of boxed information.
    We request that a separate copy also be sent to the contact person 
listed below (see FOR FURTHER INFORMATION CONTACT).
    Instructions: Direct your comments to Docket ID No. OAR-2004-0068. 
EPA's policy is that all comments received will be included in the 
public docket without change and may be made available online at http://www.epa.gov/edocket, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through EDOCKET, regulations.gov, or e-
mail. The EPA EDOCKET and the federal regulations.gov Web sites are 
``anonymous access'' systems, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through EDOCKET or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional information about EPA's public 
docket visit EDOCKET online or see the Federal Register of May 31, 2002 
(67 FR 38102).

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    Docket: All documents in the docket are listed in the EDOCKET index 
at http://www.epa.gov/edocket. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically in EDOCKET or in hard 
copy at the Air and Radiation Docket, EPA/DC, EPA West, Room B102, 1301 
Constitution Avenue, NW., Washington, DC. The Public Reading Room is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The telephone number for the Public Reading Room is 
(202) 566-1744, and the telephone number for the Air Docket is (202) 
566-1742.
    Public Hearing. If a public hearing is held, it will be held at 10 
a.m. at the EPA's Environmental Research Center Auditorium, Research 
Triangle Park, North Carolina or at an alternate site nearby.

FOR FURTHER INFORMATION CONTACT: Mr. James A. Eddinger, Combustion 
Group, Emission Standards Division (MD-13), U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number (919) 541-5426; facsimile number (919) 541-5450; 
electronic mail address [email protected].

SUPPLEMENTARY INFORMATION: Regulated Entities. The only regulated 
entity that will be affected by the proposed amendments is the 
Weyerhaeuser Company facility located in New Bern, North Carolina.

What Should I Consider as I Prepare My Comments for EPA?

    Submitting CBI. Do not submit this information to EPA through 
EDOCKET, regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. (For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI). In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.
    Public Hearing. Persons interested in presenting oral testimony or 
inquiring as to whether a hearing is to be held should contact Ms. 
Kelly Hayes, Combustion Group, Emission Standards Division (C439-01), 
Research Triangle Park, NC 27711, telephone number (919) 541-5578, at 
least 2 days in advance of the potential date of the public hearing. 
Persons interested in attending the public hearing must also call Ms. 
Hayes to verify the time, date, and location of the hearing. The public 
hearing will provide interested parties the opportunity to present 
data, views, or arguments concerning these proposed emission standards.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's proposal will also be available on the 
WWW through the Technology Transfer Network (TTN). Following signature, 
a copy of this action will be posted on the TTN's policy and guidance 
page for newly proposed rules at http://www.epa.gov/ttn/oarpg. 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.
    Direct Final Rule. A direct final rule identical to the proposal is 
published in the Rules and Regulations section of this Federal 
Register. If we receive any adverse comment pertaining to the amendment 
in the proposal, we will publish a timely notice in the Federal 
Register informing the public that the amendments are being withdrawn 
due to adverse comment. We will address all public comments concerning 
the withdrawn amendments in a subsequent final rule. If no relevant 
adverse comments are received, no further action will be taken on the 
proposal, and the direct final rule will become effective as provided 
in that action.
    The regulatory text for the proposal is identical to that for the 
direct final rule published in the Rules and Regulations section of 
this Federal Register. For further supplemental information, the 
detailed rationale for the proposal, and the regulatory revisions, see 
the information provided in the direct final rule published in a 
separate part of this Federal Register.

Statutory and Executive Order Reviews

    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

    The Regulatory Flexibility Act (RFA), as Amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 
601 et seq., 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 the proposed rule 
amendments on small entities, small entity is defined as: (1) A small 
business whose parent company has fewer than 100 or 1,000 employees, or 
fewer than 4 billion kilowatt-hours (kW-hr) per year of electricity 
usage, depending on the size definition for the affected North American 
Industry Classification System (NAICS) code; (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; and 
(3) a small organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field. It 
should be noted that small entities in six NAICS codes may be affected 
by the proposed rule amendments, and the small business definition 
applied to each industry by

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NAICS code is that listed in the Small Business Administration (SBA) 
size standards (13 CFR 121).
    After considering the economic impacts of today's proposed rule 
amendments on small entities, we certify that this action will not have 
a significant economic impact on a substantial number of small 
entities. The 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: June 23, 2004.
Jeffrey R. Holmstead,
Assistant Administrator.
[FR Doc. 04-15205 Filed 7-6-04; 8:45 am]
BILLING CODE 6560-50-P