Hazardous Air Pollutants: Amendment to Regulations Governing Equivalent Emission Limitations by Permit

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-5503-2]

Hazardous Air Pollutants: Amendment to Regulations Governing

Equivalent Emission Limitations by Permit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On May 20, 1994, the Agency promulgated a rule in the Federal

Register (59 FR 26429) governing the establishment of equivalent

emission limitations by permit, pursuant to section 112(j) of the Clean

Air Act (Act). After the effective date of a Title V permit program in

a State, each owner or operator of a major source in a source category

for which the EPA was scheduled to, but failed to promulgate a section

112(d) emission standard will be required to obtain an equivalent

emission limitation by permit. The permit application must be submitted

to the Title V permitting authority 18 months after the EPA's missed

promulgation date. This action proposes to amend the original

Regulations Governing Equivalent Emission Limitations by Permit rule to

delay the section 112(j) permit application deadline for all 4-year

source categories listed in the regulatory schedule by 180 days until

November 15, 1996. This action is needed to alleviate unnecessary

paperwork for both major source owners or operators and permitting

agencies. Because the changes are merely to delay the permit

application deadline for all 4 year source categories, the EPA does not

anticipate receiving adverse comments. Consequently the revisions are

also being issued as a direct final rule in the final rules section of

this Federal Register. If no significant adverse comments are timely

received, no further action will be taken with respect to this

proposal, and the direct final rule will become final on the date

provided in that action.

DATES: Comments. Comments must be received on or before June 10, 1996,

unless a hearing is requested by May 20, 1996. If a hearing is

requested, written comments must be received by June 24, 1996.

Public Hearing. Anyone requesting a public hearing must contact the

EPA no later than May 20, 1996. If a hearing is held, it will take

place on May 28, 1996, beginning at 10:00 a.m.

ADDRESSES: Comments. Comments should be submitted (in duplicate, if

possible) to: Air and Radiation Docket and Information Center (6102),

Attention Docket No. A-93-32 (see docket section below), Room M-1500,

U.S. Environmental Protection Agency, 401 M Street, S.W., Washington,

D.C. 20460. The EPA requests that a separate copy also be sent to the

contact person listed below.

Public Hearing. If a public hearing is held, it will be held at the

EPA's Office of Administration Auditorium, Research Triangle Park,

North Carolina. Persons interested in attending the hearing or wishing

to present oral testimony should notify Ms. Yvonne Chandler, U.S.

Environmental Protection Agency, Research Triangle Park, N.C. 27711,

telephone (919) 541-5627.

Docket. Docket No. A-93-32, containing the supporting information

for the original Regulations Governing Equivalent Emission Limitations

by Permit rule is available for public inspection and copying between

8:00

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a.m. and 5:30 p.m., Monday through Friday, at the EPA's Air and

Radiation Docket and Information Center (6102), 401 M Street, S.W.,

Washington, D.C. 20460, or by calling (202) 260-7548. A reasonable fee

may be charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr. James Szykman or Mr. Anthony

Wayne, Emission Standards Division (MD-13), U.S. Environmental

Protection Agency, Research Triangle Park, North Carolina 27711,

telephone (919) 541-2452 (Szykman) or (919) 541-5439 (Wayne).

SUPPLEMENTARY INFORMATION: If no significant, adverse comments are

timely received, no further activity is contemplated in relation to

this proposed rule, and the direct final rule in the final rules

section of this Federal Register will automatically go into effect on

the date specified in that rule. If significant adverse comments are

timely received, the direct final rule will be withdrawn, and all

public comment received will be addressed in a subsequent final rule.

Because the EPA will not institute a second comment period on this

proposed rule, any parties interested in commenting should do so during

this comment period.

For further supplemental information, the detailed rationale, and

the rule provisions, see the information provided in the direct final

rule in the final rules section of this Federal Register.

Administrative

A. Regulatory Impact Analysis

This rule was classified ``non-significant'' under Executive Order

12866 and, therefore, was not reviewed by the Office of Management and

Budget.

B. Impact on Reporting Requirements

The information collection requirements of the previously

promulgated rule for Regulations Governing Equivalent Emission

Limitations by Permit were submitted to and approved by the Office of

Management and Budget. A copy of this Information Collection Request

(ICR) document (OMB control number 2060-0266) may be obtained from

Sandy Farmer, OPPE Regulatory Information Division (2136), U.S.

Environmental Protection Agency, 401 M Street, S.W., Washington, D.C.

20460, or by calling (202) 260-2740. Today's proposed revisions to the

deadline for submittal of section 112(j) permit applications does not

affect the information collection burden estimates made previously.

Therefore, the ICR has not been revised.

C. Impact on Small Entities

The Regulatory Flexibility Act of 1980 requires the identification

of potentially adverse impacts of Federal regulations upon small

business entities. The Act specifically requires the completion of a

Regulatory Flexibility Analysis in those instances where small business

impacts are possible. Because this proposed rulemaking imposes no

economic impacts, adverse or otherwise, a Regulatory Flexibility

Analysis has not been prepared.

Pursuant to the provisions of 5 U.S.C. 605(b), I hereby certify

that this rule will not have a significant economic impact on a

substantial number of small business entities.

D. Reduction of Governmental Burden

Executive Order 12875 (``Enhancing the Intergovernmental

Partnership'') is designed to reduce the burden to State, local, and

Tribal governments of the cumulative effect of unfunded Federal

mandates. The Order recognizes the need for these entities to be free

from unnecessary Federal regulation to enhance their ability to address

problems they face and provides for Federal agencies to grant waivers

to these entities from discretionary Federal requirements. The Order

applies to any regulation that is not required by statute and that

creates a mandate upon a State, local, or Tribal government. The EPA

anticipates that there will be no additional cost burden imposed on

State, local, and Tribal governments as a result of today's action.

Indeed, the purpose of the action is to reduce unnecessary burden on

permitting agencies.

E. Environmental Justice

Executive Order 12898 requires that each Federal agency shall make

achieving environmental justice part of its mission by identifying and

addressing, as appropriate, disproportionately high and adverse human

health or environmental effects of its programs, policies, and

activities on minority and low-income populations. Today's action will

help ensure timely compliance and the application of consistent

regulatory requirements by allowing the section 112(d) MACT standards

to become effective without triggering an unnecessary section 112(j)

process. Therefore, no adverse human health or environmental effects

are anticipated as a result of today's action.

F. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), the EPA must prepare a budgetary impact

statement to accompany any proposed or final rule that includes a

Federal mandate that may result in estimated costs to State, local, or

tribal governments in the aggregate; or to the private sector, of $100

million or more. Under Section 205, the EPA must select the most cost-

effective and least burdensome alternative that achieves the objectives

of the rule and is consistent with statutory requirements. Section 203

requires the EPA to establish a plan for informing and advising any

small governments that may be significantly or uniquely impacted by the

rule.

The EPA has determined that the action proposed today does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. Therefore, the requirements of the

Unfunded Mandates Act do not apply to this action.

List of Subjects in 40 CFR Part 63

Environmental protection, Administrative practices and procedures,

Air pollution control, Hazardous substances, Intergovernmental

relations, Reporting and recordkeeping requirements.

Dated: May 3, 1996.

Carol M. Browner,

Administrator.

[FR Doc. 96-11738 Filed 5-9-96; 8:45 am]

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