Hazardous Air Pollutants: Regulations Governing Constructed or Reconstructed Major Sources

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[AD-FRL-6369-7]

RIN 2060-AD06

Hazardous Air Pollutants: Regulations Governing Constructed or

Reconstructed Major Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule, amendments.

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SUMMARY: On December 27, 1996, the Agency published a rule in the

Federal Register implementing certain provisions in section 112(g) of

the Clean Air Act (Act). After the effective date of that rule, all

owners or operators of major sources of hazardous air pollutants (HAP)

that are constructed or reconstructed are required to install maximum

achievable control technology (MACT) (unless specifically exempted),

provided they are located in a State with an approved title V permit

program. When no applicable Federal emission limitation has been

promulgated under section 112(d) of the Act, the Act requires the

permitting authority (generally a State or local agency responsible for

the program) to determine a MACT emission limitation on a case-by-case

basis. If the permitting authority has not yet established procedures

for requiring MACT on constructed or reconstructed major sources by the

required date, the rule provides that the EPA Regional Administrator

will determine MACT emission limitations on a case-by-case basis for a

period of up to one year. This action proposes to amend the rule

governing constructed or reconstructed major sources--by providing a

longer time period (up to 30 months) during which the EPA Regional

Administrator may determine MACT emission limitations on a case-by-case

basis--if the permitting authority has not yet established procedures

for requiring MACT on constructed or reconstructed major sources. This

action is needed in order to ensure that major sources can obtain MACT

determinations required for construction or reconstruction in those

jurisdictions where permitting authorities require extra time to

establish procedures to implement the section 112(g) rule. Because the

ability of major sources to obtain permits after June 29, 1999 depends

upon the timely issuance of this rule, this amendment is being issued

as a direct final rule in the final rules section of this Federal

Register.

DATES: Comments. EPA will accept comments regarding this proposal on or

before July 10, 1999. Additionally, a public hearing regarding this

proposal will be held if anyone requesting to speak at a public hearing

contacts the EPA by July 7, 1999. If a hearing is requested, the

hearing will be held on July 14, 1999 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-91-64 (see docket section below), Room M-1500,

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

D.C. 20460. 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 on July 14, 1999 beginning at 10 a.m. Persons requesting

to speak at or interested in attending a public hearing concerning this

proposal should contact Ms. Kathy Kaufman, Information Transfer and

Program Integration Division (MD-12), U.S. Environmental Protection

Agency, Research Triangle Park, North Carolina 27711, telephone (919)

541-0102.

Docket. Docket No. A-91-64, 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 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. An electronic version of this rule is

available for download through the EPA web site at: http://www.epa.gov/

ttn/oarpg. For further information and general questions regarding the

Technology Transfer Network (TTNWEB), call Mr. Hersch Rorex (919) 541-

5637 or Mr. Phil Dickerson (919) 541-4814.

FOR FURTHER INFORMATION CONTACT: Ms. Kathy Kaufman, Information

Transfer and Program Integration Division (MD-12), U.S. Environmental

Protection Agency, Research Triangle Park, North Carolina 27711,

telephone (919) 541-0102.

SUPPLEMENTARY INFORMATION: If EPA does not receive timely adverse

comments or a timely hearing request concerning this proposed rule, no

further action will be taken concerning this proposal, 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 EPA

receives timely adverse comment or a timely hearing request, we will

publish a withdrawal in the Federal Register informing the public that

the direct final rule will not take effect. In that event, we will

address all public comments in a subsequent final rule based on this

proposal. The EPA will not provide further opportunity for public

comment on this action. All parties interested in commenting on this

amendment must do so at this time. Electronic comments and data may be

submitted by sending electronic mail (e-mail) to: a-and-r-

[email protected]. Submit comments as an ASCII file, avoiding the

use of special characters and any form of encryption. Comments and data

will also be accepted on diskette in Word Perfect 5.1 or 6.1 or ACSII

file format. Identify all comments and data in electronic form by the

docket numbers A-91-64. No Confidential Business Information (CBI)

should be submitted

[[Page 35111]]

through electronic mail. Electronic comments may be filed online at

many Federal Depository Libraries.

This action extends the time period (up to 30 months) during which

the EPA Regional Administrator may determine MACT emission limitations

on a case-by-case basis, if the permitting authority has not yet

established procedures for requiring MACT on constructed or

reconstructed major sources. For an additional explanation of the

nature of the proposed amendment, the detailed rationale supporting the

amendment, and the rule provision, see the information provided in the

direct final rule in the final rules section of this Federal Register.

Administrative Requirements

A. Docket

The docket for this regulatory action is A-91-64, the same docket

as the original final rule, and a copy of today's amendment to the

final rule will be included in the docket. The principle purposes of

the docket are: (1) to allow interested parties a means to identify and

locate documents so that they can effectively participate in the

rulemaking process; and (2) to serve as the record in case of judicial

review (except for interagency review materials) (Section 307(d)(7)(A)

of the Act). The docket is available for public inspection at the EPA's

Air and Radiation Docket and Information Center, the location of which

is given in the ADDRESSES section of this document.

B. Paper Reduction Act

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 (ICR No. 1658.01) 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 change to the final rule does not

affect the information collection burden estimates made previously.

Therefore, the ICR has not been revised.

C. Analysis Under E.O. 12866, the Unfunded Mandates Reform Act of 1995,

the Regulatory Flexibility Act, and the Small Business Regulatory

Enforcement Fairness Act of 1996

Because the regulatory revisions that are the subject of today's

notice would delay an existing requirement, this action is not a

``significant'' regulatory action within the meaning of Executive Order

12866, and does not impose any Federal mandate on State, local and

tribal governments or the private sector within the meaning of the

Unfunded Mandates Reform Act of 1995. Further, the EPA has determined

that it is not necessary to prepare a regulatory flexibility analysis

in connection with this action under the Regulatory Flexibility Act and

the Small Business Regulatory Enforcement Fairness Act of 1996. The

regulatory change proposed here is not expected to affect the

regulatory burdens on small businesses, and will not have a significant

impact on a substantial number of small entities. Therefore, I certify

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

substantional number of small entities.

D. National Technology Transfer and Advancement Act

Under Section 12 of the National Technology Transfer and

Advancement Act of 1995, the EPA must consider the use of ``voluntary

consensus standards,'' if available and applicable, when implementing

policies and programs, unless it would be ``inconsistent with

applicable law or otherwise impractical.'' The intent of the National

Technology Transfer and Advancement Act is to reduce the costs to the

private and public sectors by requiring federal agencies to draw upon

any existing, suitable technical standards used in commerce or

industry.

A ``voluntary consensus standard'' is a technical standard

developed or adopted by a legitimate standards-developing organization.

The Act defines ``technical standards'' as ``performance-based or

design-specific technical specifications and related management systems

practices.'' A legitimate standards-developing organization must

produce standards by consensus and observe principles of due process,

openness, and balance of interests. Examples of organizations that are

regarded as legitimate standards-developing organizations include the

American Society for Testing and Materials (ASTM), International

Organization for Standardization (ISO), International Electrotechnical

Commission (IEC), American Petroleum Institute (API), National Fire

Protection Association (NFPA) and Society of Automotive Engineers

(SAE).

Since today's action does not involve the establishment or

modification of technical standards, the requirements of the National

Technology Transfer and Advancement Act do not apply.

E. Executive Order 13045--Protection of Children From Environmental

Health Risks and Safety Risks

Executive Order 13045, entitled Protection of Children from

Environmental Health Risks and Safety Risks (62 FR 19885, April 23,

1997), applies to any rule that (1) OMB determines is ``economically

significant'' as defined under Executive Order 12866, and (2) EPA

determines the environmental health or safety risk addressed by the

rule has a disproportionate effect on children. If the regulatory

action meets both criteria, the Agency must evaluate the environmental

health or safety aspects of the planned rule on children, and explain

why the planned regulation is preferable to other potentially effective

and reasonably feasible alternatives considered by the Agency.

These regulatory revisions are not subject to the Executive Order

because it is not economically significant as defined in E.O. 12866,

and because the Agency does not have reason to believe the

environmental health or safety risks addressed by this action present a

disproportionate risk to children.

F. Executive Order 13084--Consultation and Coordination With Indian

Tribal Governments

Under Executive Order 13084, EPA may not issue a regulation that is

not required by statute, that significantly or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments, or EPA consults with those

governments. If EPA complies by consulting, Executive Order 13084

requires EPA to provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires EPA to develop

an effective process permitting elected officials and other

representatives of Indian tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on matters

that significantly or uniquely affect their communities.''

Today's rule does not significantly or uniquely affect the

communities of Indian tribal governments. These rule

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revisions impose no enforceable duties on these entities. Accordingly,

the requirements of Section 3(b) of Executive Order 13084 do not apply

to this rule.

G. Executive Order 12875: Enhancing the Intergovernmental Partnership

Under Executive Order 12875, EPA may not issue a regulation that is

not required by statute and that creates a mandate upon a State, local

or tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments, or EPA consults with those governments. If EPA complies by

consulting, Executive Order 12875 requires EPA to provide to the Office

of Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected State, local and tribal

governments, the nature of their concerns, copies of any written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, Executive Order 12875

requires EPA to develop an effective process permitting elected

officials and other representatives of State, local and tribal

governments ``to provide meaningful and timely input in the development

of regulatory proposals containing significant unfunded mandates.''

Today's rule changes do not create a mandate on State, local or

tribal governments. The rule changes do not impose any additional

enforceable duties on these entities. Accordingly, the requirements of

Section 1(a) of Executive Order 12875 do not apply to this rule.

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: June 24, 1999.

Carol M. Browner,

Administrator.

[FR Doc. 99-16682 Filed 6-29-99; 8:45 am]

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