[Federal Register: November 24, 2006 (Volume 71, Number 226)]
[Proposed Rules]
[Page 67832-67833]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no06-21]
[[Page 67832]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2003-0156; FRL-8246-7]
RIN 2060-AN95
Standards of Performance for New Stationary Sources and Emission
Guidelines for Existing Sources: Other Solid Waste Incineration Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; technical correction.
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SUMMARY: EPA is proposing to make a technical correction to the
emission guidelines and new source performance standards (NSPS) for
other solid waste incineration (OSWI) units. We are correcting the
averaging time for measuring opacity.
DATES: Comments. Comments must be received on or before December 26,
2006.
Public Hearing. If anyone contacts EPA by December 14, 2006
requesting to speak at a public hearing, EPA will hold a public hearing
on or about December 26, 2006. If you are interested in attending the
public hearing, contact Ms. Dorothy Apple at (919) 541-4487 to verify
that a hearing will be held.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0156, by one of the following methods: http://www.regulations.gov.
Follow the on-line instructions for submitting
comments.
E-mail: Send your comments via electronic mail to
a-and-r-docket@epa.gov, Attention Docket ID No. EPA-HQ-OAR-2003-0156.
Mail: Send your comments to: EPA Docket Center (EPA/DC),
Environmental Protection Agency, Mailcode 6102T, 1200 Pennsylvania
Ave., NW., Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-
2003-0156.
Hand Delivery: Deliver your comments to: EPA Docket Center (EPA/
DC), EPA West Building, Room B108, 1301 Constitution Ave., NW.,
Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-2003-0156.
Such deliveries are accepted only during the 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.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0156. 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.regulation.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
at http://www.regulations.gov or in hard copy at the EPA Docket Center
(EPA/DC), EPA West Building, 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 EPA Docket Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Ms. Martha Smith, Natural Resources
and Commerce Group, Sector Policies and Programs Division (E143-03),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number: (919) 541-2421; e-mail: smith.martha@epa.gov.
SUPPLEMENTARY INFORMATION: In the Rules and Regulations section of this
Federal Register, EPA is making this technical correction in a direct
final rule, without prior proposal, because EPA views this correction
as non-controversial and does not anticipate adverse comments. EPA has
explained its reasons for this technical correction in the preamble to
the direct final rule. If EPA receives no significant adverse comments,
we will take no further action. If an adverse comment applies to this
technical correction, EPA will publish a timely withdrawal of the
direct final rule in the Federal Register.
I. General Information
A. Does the proposed technical correction apply to me?
Regulated Entities. Categories and entities potentially regulated
by the proposed rule are very small municipal waste combustion (VSMWC)
units and institutional waste incineration (IWI) units. The final OSWI
emission guidelines and NSPS potentially affect the following
categories of sources:
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Examples of
potentially
Category NAICS code regulated
entities
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Any State, local, or Tribal 562213, 92411 Solid waste
government using a VSMWC unit combustion units
as defined in the regulations. burning
municipal waste
collected from
the general
public and from
residential,
commercial,
institutional
and industrial
sources.
Institutions using an IWI unit 922, 6111, 623, 7121 Correctional
as defined in the regulations. institutions,
primary and
secondary
schools, camps
and national
parks.
Any Federal government agency 928 Department of
using an OSWI unit as defined Defense (labs,
in the regulations. military bases,
munition
facilities).
Any college or university using 6113, 6112 Universities,
an OSWI unit as defined in the colleges and
regulations. community
colleges.
[[Page 67833]]
Any church or convent using an 8131 Churches and
OSWI unit as defined in the convents.
regulations.
Any civic or religious 8134 Civic
organization using an OSWI associations and
unit as defined in the fraternal
regulations. associations.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by the
proposed rule. To determine whether your facility is regulated by the
proposed rule, you should examine the applicability criteria in 40 CFR
60.2885 through 60.2888 of subpart EEEE, and in the emission guidelines
for existing sources located at 40 CFR 60.2991 through 60.2994 of
subpart FFFF. If you have any questions regarding the applicability of
the proposed rule to a particular entity, contact the person listed in
the FOR FURTHER INFORMATION CONTACT section.
What Are the Administrative Requirements for This Action?
For a complete discussion of all the administrative requirements
applicable to this action, see the direct final rule in the Rules and
Regulations section of this Federal Register.
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedures Act or any other stature unless the agency certifies that
the rule will not have a significant impact on a substantial number of
small entities. Small entities include small businesses, small
government organizations, and small government jurisdictions.
For purposes of assessing the impacts of today's proposed rule on
small entities, small entity is defined as follows:
(1) A small business in the regulated industry that has a gross
annual revenue less than $6 million (this varies by industry category,
ranging up to $10.5 million for North American Industrial
Classification System (NAICS) code 562213 (VSMWC)), based on Small
Business Administration's size standards;
(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; or
(3) A small organization that is any not-for-profit enterprise that
is independently owned and operated and is not dominant in its field.
After considering the economic impact of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This action
does not propose any changes to the final OSWI rule, in which we
determined that the final rule would not have a significant economic
impact on a substantial number of small entities.
For additional information, see the direct final rule published in
the Rules and Regulations section of this Federal Register.
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 17, 2006.
Stephen L. Johnson,
Administrator.
[FR Doc. E6-19862 Filed 11-22-06; 8:45 am]
BILLING CODE 6560-50-P