National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines, 12923-12926 [2011-5195]
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Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Proposed Rules
the amendment should be approved,
approved in part, or not approved. At
that time, we will also make the
determinations and certifications
required by the various laws and
executive orders governing the
rulemaking process and include them in
the final rule.
List of Subjects in 30 CFR Part 938
Intergovernmental relations, Surface
mining, Underground mining.
Dated: November 24, 2010.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2011–5404 Filed 3–8–11; 8:45 am]
BILLING CODE 4310–05–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2008–0708, FRL–9277–4]
RIN 2060–AQ78
National Emission Standards for
Hazardous Air Pollutants for
Reciprocating Internal Combustion
Engines
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; amendments.
AGENCY:
EPA is taking action to
propose amendments to a final rule that
provided national emission standards
for hazardous air pollutants for existing
stationary spark ignition reciprocating
internal combustion engines. The final
rule was published on August 20, 2010.
This action proposes to amend certain
regulatory text to clarify compliance
requirements related to continuous
parameter monitoring systems. EPA is
also proposing to correct minor
typographical errors in the regulatory
text to the August 20, 2010, action.
DATES: Comments. Comments must be
received on or before April 8, 2011, or
30 days after date of public meeting if
one is requested.
Public Meeting. If anyone contacts us
requesting to speak at a public meeting
by March 16, 2011, a public meeting
will be held on March 24, 2011. If you
are interested in attending the public
meeting, contact Ms. Pamela Garrett at
(919) 541–7966 to verify that a meeting
will be held.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2008–0708, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
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SUMMARY:
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• E-mail: a-and-r-docket@epa.gov.
• Fax: (202) 566–1741.
• Mail: Air and Radiation Docket and
Information Center, Environmental
Protection Agency, Mailcode: 6102T,
1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Please include a
total of two copies. EPA requests a
separate copy also be sent to the contact
person identified below (see FOR
FURTHER INFORMATION CONTACT).
• Hand Delivery: Air and Radiation
Docket and Information Center, U.S.
EPA, Room B102, 1301 Constitution
Avenue, NW., 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.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2008–
0708. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available on-line at https://
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 https://
www.regulations.gov or e-mail. The
https://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 https://
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.
Public Meeting: If a public meeting is
held, it will be held at EPA’s campus
located at 109 T.W. Alexander Drive in
Research Triangle Park, NC or an
alternate site nearby.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. EPA also
relies on documents in Docket ID Nos.
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12923
EPA–HQ–OAR–2002–0059, EPA–HQ–
OAR–2005–0029, and EPA–HQ–OAR–
2005–0030, and incorporated those
dockets into the record for this action.
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 https://
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.
Ms.
Melanie King, Energy Strategies Group,
Sector Policies and Programs Division
(D243–01), Environmental Protection
Agency, Research Triangle Park, North
Carolina 27711; telephone number (919)
541–2469; facsimile number (919) 541–
5450; e-mail address
king.melanie@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Organization of This Document. The
following outline is provided to aid in
locating information in the preamble.
I. General Information
A. What entities are potentially affected by
this action?
B. What should I consider as I prepare my
comments for EPA?
II. Direct Final Rule
III. 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 of 1995
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
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
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Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Proposed Rules
I. General Information
A. What entities are potentially affected
by this action?
Categories and entities potentially
regulated by this action include:
NAICS 1
Category
Any industry using a stationary reciprocating internal combustion
engine.
2211
622110
48621
211111
211112
92811
1 North
Electric power generation, transmission, or distribution.
Medical and surgical hospitals.
Natural gas transmission.
Crude petroleum and natural gas production.
Natural gas liquids producers.
National security.
American Industry Classification System.
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. To determine
whether your engine is regulated by this
action, you should examine the
applicability criteria in 40 CFR 63.6585.
If you have any questions regarding the
applicability of this action to a
particular entity, consult the person
listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
B. What should I consider as I prepare
my comments for EPA?
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Examples of regulated entities
1. Submitting CBI. Do not submit this
information to EPA through https://
www.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: Ms. Melanie King, c/
o OAQPS Document Control Officer
(Room C404–02), U.S. EPA, Research
Triangle Park, NC 27711, Attention
Docket ID No. EPA–HQ–OAR–2008–
0708.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
(a) Identify the action by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
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(b) Follow directions. EPA may ask
you to respond to specific questions or
organize comments by referencing a
Code of Federal Regulations part or
section number.
(c) Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
(d) Describe any assumptions and
provide any technical information and/
or data that you used.
(e) If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
(f) Provide specific examples to
illustrate your concerns, and suggest
alternatives.
(g) Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
(h) Make sure to submit your
comments by the comment period
deadline identified.
Docket. The docket number for this
action is Docket ID No. EPA–HQ–OAR–
2008–0708.
World Wide Web (WWW). In addition
to being available in the docket, an
electronic copy of this action will be
posted on the WWW through the
Technology Transfer Network Web site
(TTN Web). Following signature, EPA
will post a copy of this action on the
TTN’s policy and guidance page at
https://www.epa.gov/ttn/oarpg. The TTN
provides information and technology
exchange in various areas of air
pollution control.
II. Direct Final Rule
A direct final rule that would make
the same changes as those proposed in
this notice is published in the Rules and
Regulations section of this Federal
Register. EPA is taking direct final
action on the proposed amendments
because we view the amendments as
noncontroversial and anticipate no
significant adverse comments. EPA has
explained our reasons for the
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amendments in the direct final rule. If
no significant 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.
If EPA receives significant adverse
comments, we will withdraw only those
provisions on which we received those
comments. EPA will publish a timely
withdrawal in the Federal Register
indicating which provisions will
become effective and which provisions
are being withdrawn. If part or the
entire direct final rule in the Rules and
Regulations section of this Federal
Register is withdrawn, all comments
pertaining to those provisions will be
addressed in a subsequent final rule
based on the proposed amendments.
EPA will not institute a second
comment period on the subsequent final
action. Any parties interested in
commenting must do so at this time.
The changes to the regulatory text
proposed in this notice are identical to
that for the direct final rule published
in the Rules and Regulations section of
this Federal Register. For further
supplementary information, the detailed
rationale for the proposal and the
regulatory revisions, see the direct final
rule published in a separate part of this
Federal Register.
III. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866,
Regulatory Planning and Review (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
is, therefore, not subject to review by the
Office of Management and Budget
(OMB). This action is a proposed
clarification of and correction to certain
text in the final rule and is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
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However, the final rule promulgated on
August 20, 2010, was reviewed by OMB.
B. Paperwork Reduction Act
This action would not impose any
new information collection burden. This
action proposes to add clarifications and
corrections to the final standards.
However, OMB has previously approved
the information collection requirements
contained in the existing regulation
under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq.
and has assigned OMB control number
2060–0548. The OMB control numbers
for EPA’s regulations in 40 CFR are
listed in 40 CFR part 9.
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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 impact
of this rule on small entities, small
entity is defined as: (1) A small business
as defined by Small Business
Administration (SBA) 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
impact of this proposed rule on small
entities, I certify that this action will not
have a significant economic impact on
a substantial number of small entities
because it does not add any additional
regulatory requirements because this
action only clarifies the existing
compliance requirements and corrects
typographical errors. We continue to be
interested in the potential impacts of
this proposed rule on small entities and
welcome comments on issues related to
such impacts.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act (UMRA), 2 U.S.C. 1531–
1538, requires Federal agencies, unless
otherwise prohibited by law, to assess
the effects of their regulatory actions on
State, local, and Tribal governments and
the private sector. Federal agencies must
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also develop a plan to provide notice to
small governments that might be
significantly or uniquely affected by any
regulatory requirements. The plan must
enable officials of affected small
governments to have meaningful and
timely input in the development of EPA
regulatory proposals with significant
Federal intergovernmental mandates
and must inform, educate, and advise
small governments on compliance with
the regulatory requirements.
This proposed rule does not contain
a Federal mandate 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, this proposed rule
is not subject to the requirements of
section 202 and 205 of the UMRA.
This proposed action is also not
subject to the requirements of section
203 of the UMRA because it contains no
regulatory requirements that might
significantly or uniquely affect small
governments. This proposed action
contains no requirements that apply to
such governments, imposes no
obligations upon them, and will not
result in expenditures by them of $100
million or more in any one year or any
disproportionate impacts on them.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255,
August 10, 1999) requires EPA to
develop an accountable process to
ensure ‘‘meaningful and timely input by
State and local officials in the
development of regulatory policies that
have federalism implications.’’ ‘‘Policies
that have federalism implications’’ is
defined in the Executive Order to
include regulations that 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.’’
This proposed rule does not have
federalism implications. It will 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. None of the
affected facilities are owned or operated
by State governments. Thus, Executive
Order 13132 does not apply to these
final rules.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Subject to the Executive Order 13175
(65 FR 67249, November 9, 2000) EPA
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may not issue a regulation that has
Tribal implications, that imposes
substantial direct compliance costs, and
that is not required by statute, unless
the Federal government provides the
funds necessary to pay the direct
compliance costs incurred by Tribal
governments, or EPA consults with
Tribal officials early in the process of
developing the regulation and develops
a Tribal summary impact statement.
This proposed rule does not have
Tribal implications, as specified in
Executive Order 13175 (65 FR 67249,
November 9, 2000). It will 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,
as specified in Executive Order 13175.
The proposed rule imposes no new
requirements on the one Tribally owned
facility. Thus, Executive Order 13175
does not apply to this action.
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 or safety risks, such that
the analysis required under section 5–
501 of the Executive 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 (15 U.S.C. 272 note) directs
EPA to use voluntary consensus
standards (VCS) in its regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. VCS are
technical standards (e.g., materials
specifications, test methods, sampling
procedures, and business practices) that
are developed or adopted by VCS
bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations
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when the Agency decides not to use
available and applicable VCS.
This action does not involve changes
to the technical standards related to test
methods or monitoring methods; thus,
the requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272) do not apply.
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.
This proposed rule does not involve
special consideration of environmental
justice-related issues as required by
Executive Order 12898, Federal Actions
to Address Environmental Justice in
Minority Populations and Low-Income
Populations (59 FR 7629, February 16,
1994), because it does not change any
regulatory requirements. This action
merely corrects and clarifies existing
requirements.
List of Subjects in 40 CFR Part 63
Administrative practice and
procedure, Air pollution control,
Hazardous substances, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements.
Dated: March 1, 2011.
Lisa P. Jackson,
Administrator.
[FR Doc. 2011–5195 Filed 3–8–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
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40 CFR Part 70
[EPA–R08–OAR–2011–0015; FRL–9277–9]
Clean Air Act Proposed Interim
Approval of Title V Operating Permits
Program; Southern Ute Indian Tribe
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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The EPA proposes interim
approval of the Title V Operating
Permits Program submitted by the
Southern Ute Indian Tribe (Tribe). The
Tribe’s Title V Operating Permit
Program (Title V Program) was
submitted for the purpose of
administering a tribal program for
issuing operating permits to all major
stationary sources, and certain other
sources on the Southern Ute Indian
Reservation (Reservation).
DATES: Comments on this proposed
action must be received on or before
April 8, 2011. Comments should be
addressed to the contact indicated
below.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R08–
OAR–2011–0015, by one of the
following methods:
• https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
• E-mail: lebow-aal.deborah@epa.gov
and north.alexis@epa.gov.
• Mail: Deborah Lebow Aal, Acting
Director, Air Program, Environmental
Protection Agency (EPA), Region 8,
Mailcode 8P–AR, 1595 Wynkoop Street,
Denver, Colorado 80202–1129.
• Hand Delivery: Deborah Lebow Aal,
Acting Director, Air Program,
Environmental Protection Agency
(EPA), Region 8, Mailcode 8P–AR, 1595
Wynkoop Street, Denver, Colorado
80202–1129. Such deliveries are only
accepted Monday through Friday, 8 a.m.
to 4:30 p.m., excluding Federal
holidays. Special arrangements should
be made for deliveries of boxed
information.
Instructions: Direct your comments to
Docket ID No. EPA–R08–OAR–2011–
0015. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
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 https://
www.regulations.gov or e-mail. The
https://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 https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
SUMMARY:
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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. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
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 https://
www.regulations.gov or in hard copy at
the Air Program, Environmental
Protection Agency (EPA), Region 8,
1595 Wynkoop Street, Denver, Colorado
80202–1129. EPA requests that if at all
possible, you contact the individual
listed in the FOR FURTHER INFORMATION
CONTACT section to view the hard copy
of the docket. You may view the hard
copy of the docket Monday through
Friday, 8 a.m. to 4 p.m., excluding
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Alexis North, Air Program, Mailcode
8P–AR, Environmental Protection
Agency, Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202–1129,
(303) 312–7005, or
north.alexis@epa.gov.
SUPPLEMENTARY INFORMATION:
Definitions
For the purpose of this document, we
are giving meaning to certain words or
initials as follows:
(i) The word Act or initials CAA mean
or refer to the Clean Air Act, unless the
context indicates otherwise.
(ii) The word Commission means the
joint Southern Ute Indian Tribe/State of
Colorado Environmental Commission.
(iii) The words EPA, we, us or our
mean or refer to the United States
Environmental Protection Agency.
(iv) The word Title V Program means
the Tribe’s Application for Approval of
the Southern Ute Indian Tribe’s 40 CFR
Part 70 Operating Permit Program dated
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[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Proposed Rules]
[Pages 12923-12926]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5195]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2008-0708, FRL-9277-4]
RIN 2060-AQ78
National Emission Standards for Hazardous Air Pollutants for
Reciprocating Internal Combustion Engines
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; amendments.
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SUMMARY: EPA is taking action to propose amendments to a final rule
that provided national emission standards for hazardous air pollutants
for existing stationary spark ignition reciprocating internal
combustion engines. The final rule was published on August 20, 2010.
This action proposes to amend certain regulatory text to clarify
compliance requirements related to continuous parameter monitoring
systems. EPA is also proposing to correct minor typographical errors in
the regulatory text to the August 20, 2010, action.
DATES: Comments. Comments must be received on or before April 8, 2011,
or 30 days after date of public meeting if one is requested.
Public Meeting. If anyone contacts us requesting to speak at a
public meeting by March 16, 2011, a public meeting will be held on
March 24, 2011. If you are interested in attending the public meeting,
contact Ms. Pamela Garrett at (919) 541-7966 to verify that a meeting
will be held.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0708, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: a-and-r-docket@epa.gov.
Fax: (202) 566-1741.
Mail: Air and Radiation Docket and Information Center,
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460. Please include a total of two copies.
EPA requests a separate copy also be sent to the contact person
identified below (see FOR FURTHER INFORMATION CONTACT).
Hand Delivery: Air and Radiation Docket and Information
Center, U.S. EPA, Room B102, 1301 Constitution Avenue, NW., 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.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0708. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at https://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 https://www.regulations.gov or e-mail. The https://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 https://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.
Public Meeting: If a public meeting is held, it will be held at
EPA's campus located at 109 T.W. Alexander Drive in Research Triangle
Park, NC or an alternate site nearby.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. EPA also relies on documents in Docket ID
Nos. EPA-HQ-OAR-2002-0059, EPA-HQ-OAR-2005-0029, and EPA-HQ-OAR-2005-
0030, and incorporated those dockets into the record for this action.
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
https://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.
FOR FURTHER INFORMATION CONTACT: Ms. Melanie King, Energy Strategies
Group, Sector Policies and Programs Division (D243-01), Environmental
Protection Agency, Research Triangle Park, North Carolina 27711;
telephone number (919) 541-2469; facsimile number (919) 541-5450; e-
mail address king.melanie@epa.gov.
SUPPLEMENTARY INFORMATION: Organization of This Document. The following
outline is provided to aid in locating information in the preamble.
I. General Information
A. What entities are potentially affected by this action?
B. What should I consider as I prepare my comments for EPA?
II. Direct Final Rule
III. 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 of 1995
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 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
[[Page 12924]]
I. General Information
A. What entities are potentially affected by this action?
Categories and entities potentially regulated by this action
include:
------------------------------------------------------------------------
Examples of regulated
Category NAICS \1\ entities
------------------------------------------------------------------------
Any industry using a stationary 2211 Electric power
reciprocating internal combustion generation,
engine. transmission, or
distribution.
622110 Medical and surgical
hospitals.
48621 Natural gas
transmission.
211111 Crude petroleum and
natural gas
production.
211112 Natural gas liquids
producers.
92811 National security.
------------------------------------------------------------------------
\1\ North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. To determine whether your engine is regulated by this action,
you should examine the applicability criteria in 40 CFR 63.6585. If you
have any questions regarding the applicability of this action to a
particular entity, consult the person listed in the preceding FOR
FURTHER INFORMATION CONTACT section.
B. What should I consider as I prepare my comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
https://www.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: Ms. Melanie King, c/o
OAQPS Document Control Officer (Room C404-02), U.S. EPA, Research
Triangle Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-2008-0708.
2. Tips for Preparing Your Comments. When submitting comments,
remember to:
(a) Identify the action by docket number and other identifying
information (subject heading, Federal Register date and page number).
(b) Follow directions. EPA may ask you to respond to specific
questions or organize comments by referencing a Code of Federal
Regulations part or section number.
(c) Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
(d) Describe any assumptions and provide any technical information
and/or data that you used.
(e) If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
(f) Provide specific examples to illustrate your concerns, and
suggest alternatives.
(g) Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
(h) Make sure to submit your comments by the comment period
deadline identified.
Docket. The docket number for this action is Docket ID No. EPA-HQ-
OAR-2008-0708.
World Wide Web (WWW). In addition to being available in the docket,
an electronic copy of this action will be posted on the WWW through the
Technology Transfer Network Web site (TTN Web). Following signature,
EPA will post a copy of this action on the TTN's policy and guidance
page at https://www.epa.gov/ttn/oarpg. The TTN provides information and
technology exchange in various areas of air pollution control.
II. Direct Final Rule
A direct final rule that would make the same changes as those
proposed in this notice is published in the Rules and Regulations
section of this Federal Register. EPA is taking direct final action on
the proposed amendments because we view the amendments as
noncontroversial and anticipate no significant adverse comments. EPA
has explained our reasons for the amendments in the direct final rule.
If no significant 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.
If EPA receives significant adverse comments, we will withdraw only
those provisions on which we received those comments. EPA will publish
a timely withdrawal in the Federal Register indicating which provisions
will become effective and which provisions are being withdrawn. If part
or the entire direct final rule in the Rules and Regulations section of
this Federal Register is withdrawn, all comments pertaining to those
provisions will be addressed in a subsequent final rule based on the
proposed amendments. EPA will not institute a second comment period on
the subsequent final action. Any parties interested in commenting must
do so at this time.
The changes to the regulatory text proposed in this notice are
identical to that for the direct final rule published in the Rules and
Regulations section of this Federal Register. For further supplementary
information, the detailed rationale for the proposal and the regulatory
revisions, see the direct final rule published in a separate part of
this Federal Register.
III. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866, Regulatory Planning and Review (58 FR
51735, October 4, 1993), this action is not a ``significant regulatory
action'' and is, therefore, not subject to review by the Office of
Management and Budget (OMB). This action is a proposed clarification of
and correction to certain text in the final rule and is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
[[Page 12925]]
However, the final rule promulgated on August 20, 2010, was reviewed by
OMB.
B. Paperwork Reduction Act
This action would not impose any new information collection burden.
This action proposes to add clarifications and corrections to the final
standards. However, OMB has previously approved the information
collection requirements contained in the existing regulation under the
provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and
has assigned OMB control number 2060-0548. The 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 impact of this rule on small
entities, small entity is defined as: (1) A small business as defined
by Small Business Administration (SBA) 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 impact of this proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities because it
does not add any additional regulatory requirements because this action
only clarifies the existing compliance requirements and corrects
typographical errors. We continue to be interested in the potential
impacts of this proposed rule on small entities and welcome comments on
issues related to such impacts.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act (UMRA), 2 U.S.C. 1531-
1538, requires Federal agencies, unless otherwise prohibited by law, to
assess the effects of their regulatory actions on State, local, and
Tribal governments and the private sector. Federal agencies must also
develop a plan to provide notice to small governments that might be
significantly or uniquely affected by any regulatory requirements. The
plan must enable officials of affected small governments to have
meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates and must
inform, educate, and advise small governments on compliance with the
regulatory requirements.
This proposed rule does not contain a Federal mandate 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, this proposed rule is not subject to the requirements of
section 202 and 205 of the UMRA.
This proposed action is also not subject to the requirements of
section 203 of the UMRA because it contains no regulatory requirements
that might significantly or uniquely affect small governments. This
proposed action contains no requirements that apply to such
governments, imposes no obligations upon them, and will not result in
expenditures by them of $100 million or more in any one year or any
disproportionate impacts on them.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' is defined in the Executive Order to include
regulations that 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.''
This proposed rule does not have federalism implications. It will
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. None of the affected facilities
are owned or operated by State governments. Thus, Executive Order 13132
does not apply to these final rules.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Subject to the Executive Order 13175 (65 FR 67249, November 9,
2000) EPA may not issue a regulation that has Tribal implications, that
imposes substantial direct compliance costs, and that is not required
by statute, unless the Federal government provides the funds necessary
to pay the direct compliance costs incurred by Tribal governments, or
EPA consults with Tribal officials early in the process of developing
the regulation and develops a Tribal summary impact statement.
This proposed rule does not have Tribal implications, as specified
in Executive Order 13175 (65 FR 67249, November 9, 2000). It will 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, as specified in Executive Order 13175.
The proposed rule imposes no new requirements on the one Tribally owned
facility. Thus, Executive Order 13175 does not apply to this action.
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 or safety
risks, such that the analysis required under section 5-501 of the
Executive 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 (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. VCS are technical standards
(e.g., materials specifications, test methods, sampling procedures, and
business practices) that are developed or adopted by VCS bodies. NTTAA
directs EPA to provide Congress, through OMB, explanations
[[Page 12926]]
when the Agency decides not to use available and applicable VCS.
This action does not involve changes to the technical standards
related to test methods or monitoring methods; thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272) do not apply.
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.
This proposed rule does not involve special consideration of
environmental justice-related issues as required by Executive Order
12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations (59 FR 7629, February 16, 1994),
because it does not change any regulatory requirements. This action
merely corrects and clarifies existing requirements.
List of Subjects in 40 CFR Part 63
Administrative practice and procedure, Air pollution control,
Hazardous substances, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: March 1, 2011.
Lisa P. Jackson,
Administrator.
[FR Doc. 2011-5195 Filed 3-8-11; 8:45 am]
BILLING CODE 6560-50-P
