Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NSR); Proposed Rule

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 51 and 52

[AD-FRL-5652-1]

Prevention of Significant Deterioration (PSD) and Nonattainment

New Source Review (NSR); Proposed Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rulemaking; clarification and corrections.

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SUMMARY: This document contains a clarification and corrections to the

[[Page 58498]]

proposed rulemaking, the NSR Reform rulemaking, which was published

Tuesday, July 23, 1996 (61 FR 38249). The NSR Reform rulemaking

proposes to revise regulations for the approval and promulgation of

implementation plans, and the requirements for preparation, adoption,

and submittal of implementation plans governing the NSR programs

mandated by parts C and D of title I of the Clean Air Act.

FOR FURTHER INFORMATION CONTACT: Daniel deRoeck, Information Transfer

and Program Integration Division, MD-12, Office of Air Quality Planning

and Standards, U.S. EPA, Research Triangle Park, North Carolina 27711,

telephone (919) 541-5593, telefax (919) 541-5509.

SUPPLEMENTARY INFORMATION:

Clarification

The EPA proposed the Clean Unit exclusion as a simplified

applicability test for changes to existing emissions units that already

are well controlled. See 61 FR 38255-38258. The proposal is intended to

require that in order for an existing emissions unit to qualify as a

``clean unit'' the unit must have a federally enforceable emissions

limit that ``is comparable'' to the best available control technology

or lowest achievable control technology requirements for that type of

unit, whichever would otherwise be applicable to the proposed change.

The relevant regulatory language is contained in proposed

Sec. 51.165(a)(1)(v)(C) (10) through (13) of the nonattainment NSR

rules, Secs. 51.166(b)(2)(iii)(L) (1) through (4), and

52.21(b)(2)(iii)(L) (1) through (4) of the PSD rules, and is referenced

in Sec. 52.24(f) of the statutory restriction on new sources

(construction ban). In each rule, EPA intended that eligibility for the

clean unit exclusion is to be contingent upon several criteria being

satisfied. However, in the proposed language in Sec. 51.165 it may not

be clear to the reader that each of the criteria under paragraphs

(a)(1)(v)(C)(10) through (a)(1)(v)(C)(13) must be satisfied in order

for an emissions unit to qualify for the exclusion. Because of a

problem with the overall structure of the regulations at Sec. 51.165,

it is not feasible to make a simple correction without first

restructuring the overall regulation. Instead, for purposes of

interpreting and commenting on the proposal the reader is advised to

read the ``Clean Unit'' exemption as provided in

Secs. 51.166(b)(2)(iii)(L) (1) through (4) and 52.21(b)(2)(iii)(L) (1)

through (4) (as corrected below) for the correct interpretation of the

proposed exclusion. The EPA is considering the most effective way to

restructure Sec. 51.165 to correct the problem, and intends to make the

necessary restructuring at the time of promulgation of final

rulemaking.

Need for Correction

As published, the preamble and proposed amendments to the

regulations at Secs. 51.166 and 52.21, contain errors which are

misleading and are in need of clarification.

Correction of Publication

Accordingly, the publication on July 23, 1996 of the proposed

regulations 40 CFR 51.166 and 52.21, which were the subject of FR Doc.

96-17544, are corrected to read as follows:

Correction to Preamble

1. On page 38258, in the first column, in section II.C.4.,

Description of the Clean Facility Proposal, in the third sentence, the

reference ``Secs. 51.165(a)(1)(v)(C)(11),'' is corrected to read

``Secs. 51.165(a)(1)(v)(C)(14),''.

Sec. 51.166 [Corrected]

2. On page 38330, in the second column, in Sec. 51.166, paragraph

(b)(2)(iii)(L)(2)(iii), the last line is corrected by removing the

period (``.'') and adding a semicolon (``;'').

3. On page 38330, in the second column, in Sec. 51.166, paragraph

(b)(2)(iii)(L)(3), the last line is corrected by adding the word

``and'' after the semicolon.

4. On page 38330, in the second column, in Sec. 51.166, paragraph

(b)(2)(iii)(L)(4), the last line is corrected by removing the text ``;

and'' and adding a period (``.'').

Sec. 52.21 [Corrected]

5. On page 38337, in the third column, in Sec. 52.21, paragraph

(b)(2)(iii)(L)(2)(iii), the last line is corrected by removing the

period (``.'') and adding a semicolon (``;'').

6. On page 38337, in the third column, in Sec. 52.21, paragraph

(b)(2)(iii)(L)(3), the last line is corrected by adding the word

``and'' after the semicolon.

7. On page 38337, in the third column, in Sec. 52.21, in paragraph

(b)(2)(iii)(L)(4), the last line is corrected by removing the text ``;

and'' and adding a period (``.'').

Dated: November 8, 1996.

Mary Nichols,

Assistant Administrator for Air and Radiation.

[FR Doc. 96-29356 Filed 11-14-96; 8:45 am]

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