Control of Air Pollution; Removal and Modification of Obsolete, Superfluous or Burdensome Rules

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[FRL-5520-1]

Control of Air Pollution; Removal and Modification of Obsolete,

Superfluous or Burdensome Rules

AGENCY: Environmental Protection Agency.

ACTION: Revision of direct final rule.

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SUMMARY: On April 11, 1996, EPA published a direct final rule under the

Clean Air Act deleting superfluous, obsolete or burdensome regulations

from the Code of Federal Regulations (CFR). This action was published

without prior proposal because EPA anticipated no adverse comment.

Because EPA received adverse comments on a few discrete portions of

this action, EPA is withdrawing those aspects the final rule. EPA will

address all public comments received on those portions in a subsequent

final rule based on the proposed rule also published on April 11, 1996.

EFFECTIVE DATE: June 14, 1996.

FOR FURTHER INFORMATION CONTACT: Maureen Delaney, Office of Air and

Radiation, Office of Policy Analysis and Review, (202) 260-7431.

SUPPLEMENTARY INFORMATION: On April 11, 1996, EPA published a final

rule to delete numerous obsolete, superfluous or burdensome rules from

the CFR (61 FR 16050). Among the rules to be deleted were 40 CFR

51.100(o), definition of reasonably available control technology

(RACT); Sec. 51.101, stipulations; Sec. 51.110(g), attainment and

maintenance of national standards; and Sec. 51.213, transportation

control measures. EPA promulgated this direct final rulemaking without

prior proposal because the Agency viewed it as non-controversial and

anticipated no adverse comments. The final rule was published in the

Federal Register with a provision for a 30-day comment period. At the

same time, EPA published a proposed rule which announced that in the

event that adverse comments were submitted to EPA within 30 days of

publication of the rule in the Federal Register (61 FR 16068), those

portions of the final rule that were the subject of those comments

would convert to a proposed rule through EPA's publishing a notice

announcing withdrawal of those provisions.

EPA received adverse comment within the prescribed comment period

on the following rules: 40 CFR 51.100(o), 51.101, 51.110(g) and 51.213.

Therefore, EPA is withdrawing the April 11, 1996 final rulemaking

action pertaining to those rules. EPA will not institute a second

comment period on this document. The portions of the April 11, 1996

rule that were not the subject of adverse comments remain final and

effective as published.

List of Subjects in 40 CFR Part 51

Environmental protection, Air pollution control.

Dated: June 6, 1996.

Carol M. Browner,

Administrator.

PART 51--[AMENDED]

40 CFR part 51 is amended as follows:

1. The authority citation for part 51 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

2. Section 51.100 is amended by adding paragraph (o) to read as

follows:

Sec. 51.100 Definitions.

* * * * *

(o) Reasonably available control technology (RACT) means devices,

systems, process modifications, or other apparatus or techniques that

are reasonably available taking into account:

(1) The necessity of imposing such controls in order to attain and

maintain a national ambient air quality standard;

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(2) The social, environmental, and economic impact of such

controls; and

(3) Alternative means of providing for attainment and maintenance

of such standard, (This provision defines RACT for the purposes of

Secs. 51.110(c)(2) and 51.341(b) only.)

* * * * *

3. Section 51.101 is added to read as follows:

Sec. 51.101 Stipulations.

Nothing in this part will be construed in any manner:

(a) To encourage a State to prepare, adopt, or submit a plan which

does not provide for the protection and enhancement of air quality so

as to promote the public health and welfare and productive capacity.

(b) To encourage a State to adopt any particular control strategy

without taking into consideration the cost-effectiveness of such

control strategy in relation to that of alternative control strategies.

(c) To preclude a State from employing techniques other than those

specified in this part for purposes of estimating air quality or

demonstrating the adequacy of a control strategy, provided that such

other techniques are shown to be adequate and appropriate for such

purposes.

(d) To encourage a State to prepare, adopt, or submit a plan

without taking into consideration the social and economic impact of the

control strategy set forth in such plan, including, but not limited to,

impact on availability of fuels, energy, transportation, and

employment.

(e) To preclude a State from preparing, adopting, or submitting a

plan which provides for attainment and maintenance of a national

standard through the application of a control strategy not specifically

identified or described in this part.

(f) To preclude a State or political subdivision thereof from

adopting or enforcing any emission limitations or other measures or

combinations thereof to attain and maintain air quality better than

that required by a national standard.

(g) To encourage a State to adopt a control strategy uniformly

applicable throughout a region unless there is no satisfactory

alternative way of providing for attainment and maintenance of a

national standard throughout such region.

4. Section 51.110 is amended by adding and reserving paragraphs (c)

through (f) and by adding paragraph (g) to read as follows:

Sec. 51.110 Attainment and maintenance of national standards.

* * * * *

(g) During developing of the plan, EPA encourages States to

identify alternative control strategies, as well as the costs and

benefits of each such alternative for attainment or maintenance of the

national standard.

5. Section 51.213 is added to read as follows:

Sec. 51.213 Transportation control measures.

(a) The plan must contain procedures for obtaining and maintaining

data on actual emissions reductions achieved as a result of

implementing transportation control measures.

(b) In the case of measures based on traffic flow changes or

reductions in vehicle use, the data must include observed changes in

vehicle miles traveled and average speeds.

(c) The data must be maintained in such a way as to facilitate

comparison of the planned and actual efficacy of the transportation

control measures.

[FR Doc. 96-15187 Filed 6-13-96; 8:45 am]

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