[Federal Register Volume 76, Number 13 (Thursday, January 20, 2011)]
[Proposed Rules]
[Pages 3587-3590]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-1009]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2005-0031; FRL-9255-2]
RIN 2060-AQ46
Standards of Performance for Fossil-Fuel-Fired, Electric Utility,
Industrial-Commercial-Institutional, and Small Industrial-Commercial-
Institutional Steam Generating Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to amend the new source performance standards
for electric utility steam generating units and industrial-commercial-
institutional steam generating units. This action would amend the
testing requirements for owners/operators of steam generating units
that elect to install particulate matter continuous emission monitoring
systems. It would also amend the opacity monitoring requirements for
owners/operators of affected facilities subject to an opacity standard
that are exempt from the requirement to install a continuous opacity
monitoring system. In addition, this action would correct several
editorial errors identified from previous rulemakings.
DATES: Written comments must be received on or before February 22,
2011, unless a public hearing is requested by January 31, 2011. If a
timely hearing request is submitted, the public hearing will be held on
February 4, 2011 and we must receive written comments on or before
March 7, 2011.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0031, by one of the following methods:
http://www.regulations.gov: Follow the instructions for
submitting comments.
E-mail: a-and-r-docket@epa.gov, or
fellner.christian@epa.gov.
Fax: (202) 566-9744.
Mail: EPA Docket Center (EPA/DC), Environmental Protection
Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC
20460. Please include a total of two copies.
Hand Delivery: In person or by courier, deliver comments
to: EPA Docket Center, EPA West, Room 3334, 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, excluding legal holidays), and special arrangements
should be made for deliveries of boxed information. Please include a
total of two copies.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2005-0031. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the EPA Docket Center,
Room 3334, 1301 Constitution Ave., NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the Air
Docket is (202) 566-1742.
Public Hearing: If a public hearing is requested, it will be held
at 10 a.m. at the EPA Facility Complex in Research Triangle Park, North
Carolina, or at an alternate site nearby. Contact Mr. Christian Fellner
at 919-541-4003 to request a hearing, to request to speak at a public
hearing, to determine if a hearing will be held, or to determine the
hearing location.
FOR FURTHER INFORMATION CONTACT: Mr. Christian Fellner, Energy
Strategies Group, Sector Policies and Programs Division (D243-01), U.S.
EPA, Research Triangle Park, NC 27711, telephone number (919) 541-4003,
FAX number (919) 541-5450, electronic mail (e-mail) address:
fellner.christian@epa.gov.
SUPPLEMENTARY INFORMATION: The information presented in this preamble
is organized as follows:
I. Why is EPA issuing this proposed rule?
II. Does this action apply to me?
III. Where can I get a copy of this document?
IV. Why are we amending the rule?
V. What amendments are we making to the rule?
[[Page 3588]]
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
I. Why is EPA issuing this proposed rule?
In the ``Rules and Regulations'' section of this Federal Register,
we have also published for the new source performance standards for
electric utility steam generating units and industrial-commercial-
institutional steam generating units a direct final action amending the
rule with the identical regulatory language proposed by this action
because we view these amendments as a noncontroversial action and
anticipate no adverse comment. We have explained our reasons for this
action in the preamble to the direct final rule.
If we receive no adverse comment by February 22, 2011, we will not
take further action on this proposed rule. If we receive adverse
comment, we will withdraw the amendments in the direct final rule or
certain amendments in the direct final rule and those amendments will
not take effect. We would address all public comments in any subsequent
final rule based on this proposed rule.
We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.
II. Does this action apply to me?
The regulated categories and entities potentially affected by this
proposed rule include, but are not limited to, the following:
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Category NAICS \1\ Examples of regulated entities
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Industry................................ 221112..................... Fossil fuel-fired electric utility steam
generating units.
Federal Government...................... 22112...................... Fossil fuel-fired electric utility steam
generating units owned by the Federal
Government.
State/local/tribal government........... 22112...................... Fossil fuel-fired electric utility steam
generating units owned by
municipalities.
921150..................... Fossil fuel-fired electric utility steam
generating units located in Indian
Country.
Any industrial, commercial, or 211........................ Extractors of crude petroleum and natural
institutional facility using a steam gas.
generating unit as defined in 60.40b or
60.40c.
321........................ Manufacturers of lumber and wood
products.
322........................ Pulp and paper mills.
325........................ Chemical manufacturers.
324........................ Petroleum refiners and manufacturers of
coal products.
316, 326, 339.............. Manufacturers of rubber and miscellaneous
plastic products.
331........................ Steel works, blast furnaces.
332........................ Electroplating, plating, polishing,
anodizing, and coloring.
336........................ Manufacturers of motor vehicle parts and
accessories.
221........................ Electric, gas, and sanitary services.
622........................ Health services.
611........................ Educational Services.
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\1\ North American Industry Classification System (NAICS) code.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
proposed rule. To determine whether your facility is regulated by this
proposed rule, you should examine the applicability criteria in Sec.
60.40, Sec. 60.40Da, Sec. 60.40b, or Sec. 60.40c of 40 CFR part 60.
If you have any questions regarding the applicability of this proposed
rule to a particular entity, contact the person listed in the preceding
FOR FURTHER INFORMATION CONTACT section.
III. Where can I get a copy of this document?
In addition to the docket, an electronic copy of this proposed
action will be available on the Worldwide Web (WWW) through the
Technology Transfer Network (TTN). Following signature, a copy of this
proposed action will be posted on the TTN's policy and guidance page
for newly proposed or promulgated rules at the following address:
http://www.epa.gov/ttn/oarpg/. The TTN provides information and
technology exchange in various areas of air pollution control.
IV. Why are we amending the rule?
On January 28, 2009, EPA promulgated amendments to the performance
standards for steam generating units to add compliance, recordkeeping,
and reporting requirements for owners and operators of certain affected
facilities. Subsequently, EPA received a petition for reconsideration
which it granted. The petitioner that submitted the petition for
reconsideration also filed a petition for review with the United States
Court of Appeals for the District of Columbia Circuit. In this action,
EPA is proposing to amend specific provisions in the performance
standards for steam generating units to resolve specific issues and
questions raised in the petition for review, but not in the petition
for reconsideration, and to address one issue raised in the petition
for reconsideration.
V. What amendments are we making to the rule?
For a detailed description of the proposed amendments, see the
information provided in the direct final rule published in the Rules
and Regulations section of this Federal Register.
[[Page 3589]]
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is,
therefore, exempt from review under the 12866. EPA has concluded that
the amendments EPA is proposing would not change the costs or benefits
of this proposed rule.
B. Paperwork Reduction Act
This action would not impose any new information collection burden.
These proposed amendments would result in no changes to the information
collection requirements of the existing standards of performance and
would have no impact on the information collection estimate of
projected cost and hour burden made and approved by the Office of
Management and Budget (OMB) during the development of the existing
standards of performance. Therefore, the information collection
requests would not been amended. However, OMB has previously approved
the information collection requirements contained in the existing
standards of performance (40 CFR part 60, subparts D, Da, Db, and Dc)
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq., at the time the standards were promulgated on June 11, 1979 (40
CFR part 60, subpart Da, 44 FR 33580), November 25, 1986 (40 CFR part
60, subpart Db, 51 FR 42768), and September 12, 1990 (40 CFR part 60,
subpart Dc, 55 FR 37674). OMB assigned OMB control numbers 2060-0023
(ICR 1053.07) for 40 CFR part 60, subpart Da, 2060-0072 (ICR 1088.10)
for 40 CFR part 60, subpart Db, 2060-0202 (ICR 1564.06) for 40 CFR part
60, subpart Dc. OMB control numbers for EPA's regulations in 40 CFR are
listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
For purposes of assessing the impacts of these proposed amendments
on small entities, small entity is defined as: (1) A small business as
defined by the Small Business Administration's regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
After considering the economic impacts of this proposed rule on
small entities, I certify that this action would not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
This proposed rule would reduce testing requirements for owner/
operators of affected facilities using PM CEMS and would allow reduced
opacity monitoring for owner/operators of natural gas-fired affected
facilities. We have therefore concluded that today's proposed rule will
relieve regulatory burden for all affected small entities. We continue
to be interested in the potential impacts of the proposed rule on small
entities and welcome comments on issues related to such impacts.
D. Unfunded Mandates Reform Act
This proposed rule contains no Federal mandates that may result in
expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or the private sector in any one year.
Thus, the proposed amendments are not subject to the requirements of
section 202 or 205 of the Unfunded Mandates Reform Act (UMRA).
This proposed rule is also not subject to the requirements of
section 203 of UMRA because it contains no regulatory requirements that
might significantly or uniquely affect small governments because the
burden is small and the regulation does not unfairly apply to small
governments.
E. Executive Order 13132: Federalism
The proposed amendments do not have federalism implications. It
would not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132. These amendments
would not impose substantial direct compliance costs on State or local
governments, and they would not preempt State law. Thus, Executive
Order 13132 does not apply to this action.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
These proposed amendments do not have tribal implications, as
specified in Executive Order 13175 (65 FR 67249, November 9, 2000).
These proposed amendments would not have substantial direct effects on
tribal governments, on the relationship between the Federal government
and Indian tribes, or on the distribution of power and responsibilities
between the Federal government and Indian tribes. Thus, Executive Order
13175 does not apply to the proposed amendments.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying to those regulatory actions that concern health and safety
risks, such that the analysis required under section 5-501 of the Order
has the potential to influence the regulation. This action is not
subject to Executive Order 13045 because it is based solely on
technology performance.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, 12(d)(15 U.S.C. 272 note)
directs us to use voluntary consensus standards in our regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
[[Page 3590]]
standards (e.g., material specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs us to provide
Congress, through OMB, explanations when we decide not to use available
and applicable voluntary consensus standards.
This action does not involve any new technical standards or the
incorporation by reference of existing technical standards. Therefore,
the consideration of voluntary consensus standards is not relevant to
this action.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA lacks the discretionary authority to address environmental
justice in this proposed rulemaking. New source performance standards
are technology-based standards intended to promote use of the best air
pollution control technologies, taking into account the cost of such
technology and any other non-air quality, health, and environmental
impact and energy requirements at a broad national level.
List of Subjects in 40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: January 7, 2011.
Lisa P. Jackson,
Administrator.
[FR Doc. 2011-1009 Filed 1-19-11; 8:45 am]
BILLING CODE 6560-50-P