[Federal Register: December 6, 2006 (Volume 71, Number 234)]
[Proposed Rules]
[Page 70702-70703]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06de06-18]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[FDMS Docket No. EPA-R03-OAR-2006-0933; FRL-8252-4]
State Operating Permit Programs; Delaware; Amendments to the
Definition of ``a major source''
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA proposes to approve an amendment to the State of
Delaware's operating permit program to correct the definition of ``a
major source.'' This amendment would change the definition of ``a major
source'' by removing the phrase ``but only with respect to those air
pollutants that have been regulated for that category'' from the
Regulation No. 30 (Title V) definition of a major source, as it applies
to these Federal standards. This would require all fugitive emissions
to be included in major source determination for sources subject to
Federal New Source Performance Standards (NSPS) or the National
Emissions Standards for Hazardous Air Pollutants standards (NESHAPs),
not just the pollutants regulated by the particular NSPS or NESHAP.
This amendment is necessary to make the current definition as stringent
as the corresponding provision of the Title V regulations, which went
into effect on November 27, 2001. This change will make this aspect of
Regulation No. 30 consistent with Federal rule. In the Final Rules
section of this Federal Register, EPA is approving the State's
amendment to its operating permit program as a direct final rule
without prior proposal because the Agency views this as a
noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this action,
no further activity is contemplated. If EPA receives adverse comments,
the direct final rule will be withdrawn and all public comments
received will be addressed in a subsequent final rule based on this
proposed rule. The EPA will not institute a second comment period. Any
parties interested in commenting on this action should do so at this
time.
DATES: Comments must be received in writing by January 5, 2007.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2006-0933 by one of the following methods:
A. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: campbell.dave@epa.gov.
C. Mail: EPA-R03-OAR-2006-0933, David Campbell, Chief, Permits and
Technical Assessment Branch, Mailcode 3AP11, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such
[[Page 70703]]
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-R03-OAR-
2006-0933. 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 electronic 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 during normal business hours at the
Air Protection Division, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the
State submittal are available at the Delaware Department of Natural
Resources & Environmental Control, 89 Kings Highway, P.O. Box 1401,
Dover, Delaware 19903.
FOR FURTHER INFORMATION CONTACT: Rosemarie Nino, (215) 814-3377, or by
e-mail at nino.rose@epa.gov.
SUPPLEMENTARY INFORMATION: For further information, please see the
information provided in the direct final action, with the same title,
that is located in the ``Rules and Regulations'' section of this
Federal Register publication. This action approves an amendment to the
Delaware Title V operating permit program to correct the definition of
a ``major source.''
Dated: November 21, 2006.
William T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. E6-20642 Filed 12-5-06; 8:45 am]
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