[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Proposed Rules]
[Pages 68296-68297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28002]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2009-0559; FRL-9222-4]
RIN 2060-AP90


Standards of Performance for New Stationary Sources and Emission 
Guidelines for Existing Sources: Sewage Sludge Incineration Units; 
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; technical correction.

-----------------------------------------------------------------------

SUMMARY: This action clarifies certain text of the proposed rules 
titled ``Standards of Performance for New Stationary Sources and 
Emission Guidelines for Existing Sources: Sewage Sludge Incineration 
Units.'' The proposed rules were published in the Federal Register on 
October 14, 2010. The action proposes how EPA will address Clean Air 
Act requirements to establish new source performance standards for new 
units and emission guidelines for existing units for specific 
categories of solid waste incineration units.

DATES: Comments must be received on or before November 29, 2010.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OAR-2009-0559 by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     [email protected].
     Facsimile: Fax your comments to (202) 566-1741, Attention 
Docket ID Number EPA-HQ-OAR-2009-0559.
     Mail: U.S. Environmental Protection Agency, EPA Docket 
Center (EPA/DC), Air and Radiation Docket Information Center, 1200 
Pennsylvania Avenue, NW.; Mail Code: 6102T, Washington, DC 20460. 
Please include a total of two copies. We request that a separate copy 
also be sent to the contact person identified in the FOR FURTHER 
INFORMATION CONTACT section below.
     Hand Delivery: To send comments or documents through a 
courier service, the address to use is: EPA Docket Center, Public 
Hearing Room, EPA West, Room 334, 1301 Constitution Avenue, NW., 
Washington, DC 20004. Such deliveries are accepted only during the 
Docket's normal hours of operation--8:30 a.m. to 4:30 p.m., Monday 
through Friday. Special arrangements should be made for deliveries of 
boxed information. Please include a total of two copies.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Hambrick, Natural Resource and 
Commerce Group, Sector Policies and Programs Division (E143-03), 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone number: (919) 541-0964; facsimile number: (919) 541-
3470; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:
    Organization of This Document. The following outline is provided to 
aid in locating information in this notice.

I. What is the background for the correction?
II. What are the corrections to the proposed rules (75 FR 63260)?
III. Statutory and Executive Order Reviews

I. What is the background for the correction?

    On October 14, 2010 (75 FR 63260), EPA proposed rules that would 
address in part Clean Air Act requirements to establish new source 
performance standards (NSPS) for new units and emission guidelines (EG) 
for existing units for specific categories of solid waste incineration 
units. In that action, EPA proposed NSPS and EG for sewage sludge 
incineration (SSI) units. EPA subsequently determined that one sentence 
in the proposed regulatory text could have been interpreted in a manner 
inconsistent with what EPA intended to propose. This notice clarifies 
that language.
    This action does not affect the substance of the proposed rules, 
nor does it change the rights or obligations of any party. Rather, this 
notice merely clarifies certain regulatory text in the proposed rules. 
This action is minor,

[[Page 68297]]

noncontroversial, and does not substantively change the proposed rule.

II. What are the corrections to the proposed rules (75 FR 63260)?

    In this notice, we are clarifying the scope of the proposed 
affirmative defense for exceedance of an emission limit or standard 
during a malfunction. See proposed regulatory text at 75 FR 63260. 
Specifically, we are clarifying the regulatory text to reflect that the 
affirmative defense is available only against claims for civil 
penalties. The preamble to the October 14, 2010 (75 FR 63283), notice 
stated this position, as did other portions of the proposed regulatory 
text. See 75 FR 63299 proposed Sec.  60.4861(b) and 75 FR 63323 
proposed Sec.  60.5181(b). However, one sentence in the regulatory text 
created a potential ambiguity that may not have reflected the Agency's 
intent. Therefore, we are clarifying this in the proposed regulatory 
text to explain that a facility may assert an affirmative defense to a 
claim for civil penalties for exceedances of the standards that are 
caused by a malfunction, as defined in 40 CFR 60.2, but may not assert 
such a defense to a claim for injunctive relief.
    EPA is soliciting public comment on the proposed SSI rule published 
on October 14, 2010, until November 15, 2010, unless a public hearing 
is held. If a public hearing is held, then comments on the proposed SSI 
rule published on October 14, 2010, must be received by November 29, 
2010. Members of the public may also comment on this technical 
correction during that time, and should submit any such comments to the 
docket for that proposed rule. Submit your comments, identified by 
Docket ID Number EPA-HQ-OAR-2009-0559, by one of the following methods 
identified in 75 FR 63260.

III. Statutory and Executive Order Reviews

    EPA's compliance with relevant statutes and Executive Orders for 
the proposed SSI rule is discussed in the October 14, 2010, Federal 
Register notice titled ``Standards of Performance for New Stationary 
Sources and Emission Guidelines for Existing Sources: Sewage Sludge 
Incineration Units.'' (75 FR 63260). This technical correction does not 
affect the analyses contained in the October 14, 2010, notice.

List of Subjects in 40 CFR Part 60

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

    Dated: October 29, 2010.
Gina A. McCarthy,
Assistant Administrator.

    For the reasons stated in the preamble, FR Doc. No. 2010-25122, 
published in the Federal Register on October 14, 2010, at 75 FR 63260 
is corrected as follows:
    1. Beginning on page 63298, in the third column, remove the second 
sentence in Sec.  60.4861 introductory text and add the following two 
sentences in its place: ``Appropriate penalties may be assessed, 
however, if the respondent fails to meet its burden of proving all of 
the requirements in the affirmative defense. The affirmative defense 
shall not be available for claims for injunctive relief.''
    2. On page 63323, in the center column, remove the second sentence 
in Sec.  60.5181 introductory text and add the following two sentences 
in its place: ``Appropriate penalties may be assessed, however, if the 
respondent fails to meet its burden of proving all of the requirements 
in the affirmative defense. The affirmative defense shall not be 
available for claims for injunctive relief.''

[FR Doc. 2010-28002 Filed 11-4-10; 8:45 am]
BILLING CODE 6560-50-P