[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Proposed Rules]
[Pages 12923-12926]
From the Federal Register Online via the Government Publishing 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:
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
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 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.
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 http://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
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.
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 [email protected].
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:
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Examples of regulated
Category NAICS \1\ entities
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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.
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\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
http://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 http://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