[Federal Register Volume 71, Number 221 (Thursday, November 16, 2006)]
[Proposed Rules]
[Pages 66720-66722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19385]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2006-0497; FRL-8243-1]
RIN A2060-AN96
Standards of Performance for Industrial-Commercial-Institutional
Steam Generating Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: We are proposing a facility-specific nitrogen oxides
(NOX) standard for a steam generating unit which
simultaneously combusts fossil fuel and chemical by-product/waste at
the Innovene USA facility located in Lima, Ohio. New source performance
standards limiting emissions of, among other pollutants, NOX
from industrial-commercial-institutional steam generating units capable
of combusting more than 100 million British thermal units per hour were
promulgated on November 25, 1986. The standards limit NOX
emissions from the combustion of fossil fuels by themselves or in
combination with other fuels or wastes. The standards include
provisions for the establishment of facility-specific NOX
standards for steam generating units which simultaneously combust
fossil fuel and chemical by-product/waste under certain conditions.
DATES: Comments. Comments must be received on or before December 18,
2006, unless a hearing is requested by November 27, 2006. If a timely
hearing request is submitted, the hearing will be held on December 1,
2006 and we must receive written comments on or before January 2, 2007.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0497, by one of the following methods:
http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: (202) 566-1741.
Mail: Air and Radiation Docket and Information Center,
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460. Please include a total of two
copies.
Hand Delivery: Air and Radiation Docket and Information
Center, U.S. EPA, 1301 Constitution Avenue, NW., Room B-108,
Washington, DC. Such deliveries are only accepted during the Docket's
normal hours of operation, and special arrangements should be made for
deliveries of boxed information.
We request that a separate copy also be sent to the contact person
listed below (see FOR FURTHER INFORMATION CONTACT).
Note: The EPA Docket Center suffered damage due to flooding
during the last week of June 2006. The Docket Center is continuing
to operate. However, during the cleanup, there will be temporary
changes to Docket Center telephone numbers, addresses, and hours of
operation for people who wish to visit the Public Reading Room to
view documents. Consult EPA's Federal Register notice at 71 FR 38147
(July 5, 2006) or the EPA Web site at http://www.epa.gov/epahome/dockets.htm for current information on docket status, locations, and
telephone numbers. The Docket Center's mailing address for U.S. mail
and the procedures for submitting comments to http://www.regulations.gov are not affected by the flooding and will remain
the same.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0497. 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
are ``anonymous access'' systems, 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
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to EPA without going through http://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, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy at the Air and Radiation Docket,
EPA/DC, EPA West, Room B102, 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 held, it will be held at
EPA's campus located at 109 T.W. Alexander Drive in Research Triangle
Park, North Carolina or at an alternate site nearby.
FOR FURTHER INFORMATION CONTACT: Mr. James A. Eddinger, Energy
Strategies Group, Sector Policies and Programs Division (D243-01), U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number (919) 541-5426; facsimile number (919) 541-
5450; electronic mail address [email protected].
SUPPLEMENTARY INFORMATION: Regulated Entities. The only regulated
entity that will be affected by this proposed amendment is the Innovene
USA facility located in Lima, Ohio.
What Should I Consider as I Prepare My Comments for EPA?
Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2. Send or deliver information
identified as CBI to only the following address: Mr. James Eddinger, c/
o OAQPS Document Control Officer (Room C404-02), U.S. EPA, Research
Triangle Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-2006-0497.
Tips for Preparing Your Comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
Follow directions--EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations (CFR) part or section number.
Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
Describe any assumptions and provide any technical
information and/or data that you used.
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
Provide specific examples to illustrate your concerns, and
suggest alternatives.
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
Make sure to submit your comments by the comment period
deadline identified.
Public Hearing. If a public hearing is held, it will be held on
December 1, 2006 at the EPA facility, Research Triangle Park, NC, or an
alternative site nearby. Persons interested in presenting oral
testimony or inquiring as to whether a hearing is to be held should
contact Ms. Pamela Garrett, Energy Strategies Group, Sector Policies
and Programs Division (D243-01), Research Triangle Park, NC 27711,
telephone number (919) 541-7966, at least 2 days in advance of the
potential date of the public hearing. Persons interested in attending
the public hearing must also call Ms. Garrett to verify the time, date,
and location of the hearing. The public hearing will provide interested
parties the opportunity to present data, views, or arguments concerning
these proposed emission standards.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of today's proposal will also be posted on the
Technology Transfer Network's (TTN) policy and guidance page http://
www/epa.gov/ttn/oarpg. The TTN provides information and technology
exchange in various areas of air pollution control.
Direct Final Rule. A direct final rule identical to this proposal
is published in the Rules and Regulations section of this Federal
Register. If we receive any material adverse comment pertaining to the
amendment in the proposal, we will publish a timely notice in the
Federal Register informing the public that the amendments are being
withdrawn due to adverse comment. We will address all public comments
concerning the withdrawn amendments in a subsequent final rule. If no
material adverse comments are received, no further action will be taken
on the proposal, and the direct final rule will become effective as
provided in that action.
The regulatory text for this proposal is identical to that for the
direct final rule published in the Rules and Regulations section of
this Federal Register. For further supplemental information, the
detailed rationale for the proposal, and the regulatory revisions, see
the information provided in the direct final rule published in the
Rules and Regulations section of this Federal Register.
Statutory and Executive Order Reviews
For a complete discussion of all of the administrative requirements
applicable to this action, see the direct final rule in the Rules and
Regulations section of this Federal Register.
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 this proposed rule
amendments on
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small entities, small entity is defined as: (1) A small business whose
parent company has fewer than 100 or 1,000 employees, or fewer than 4
billion kilowatt-hours per year of electricity usage, depending on the
size definition for the affected North American Industry Classification
System code; (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
amendment on small entities, we conclude that this action will not have
a significant economic impact on a substantial number of small
entities. This proposed rule amendment will not impose any requirements
on small entities because it does not impose any additional regulatory
requirements.
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.
List of Subjects in 40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: November 9, 2006.
Stephen L. Johnson,
Administrator.
[FR Doc. E6-19385 Filed 11-15-06; 8:45 am]
BILLING CODE 6560-50-P