[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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:

----------------------------------------------------------------------------------------------------------------
                Category                           NAICS \1\                 Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
\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