[Federal Register Volume 63, Number 189 (Wednesday, September 30, 1998)]
[Proposed Rules]
[Pages 52213-52214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26161]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52, 97 and 98
[FRL-6170-4]
Findings of Significant Contribution and Rulemakings on Section
126 Petitions and Federal Implementation Plans for Purposes of Reducing
Interstate Ozone Transport
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking (NPR); availability of proposed
rule text, request for comment, and public hearing.
-----------------------------------------------------------------------
SUMMARY: In accordance with section 126 of the Clean Air Act (CAA), EPA
is proposing action on eight petitions filed individually by eight
Northeastern States seeking to mitigate what they describe as
significant transport of one of the main precursors of ground-level
ozone, nitrogen oxides (NOX), across State boundaries. Each
petition specifically requests that EPA make a finding that
NOX emissions from certain stationary sources significantly
contribute to ozone nonattainment problems in the petitioning State.
As described in a longer, more detailed section 126 proposed
rulemaking entitled, ``Findings of Significant Contribution and
Rulemaking on Section 126 Petitions for Purposes of Reducing Interstate
Ozone Transport'' (hereafter referred to as the longer section 126
NPR), which was signed at the same time as this NPR, EPA is proposing
to find that portions of certain petitions are technically meritorious
under the test applicable under section 126. The EPA is proposing that
the technically meritorious portions of the petitions be deemed granted
or denied at certain later dates pending certain actions by the States
and EPA regarding State submittals in response to the final
NOX State implementation plan call (NOX SIP call)
that EPA is issuing. The longer section 126 NPR describes the schedule
and conditions under which applicable final findings on the petitions
would be automatically triggered and proposes the control requirements
that would apply to sources in the source categories for which a final
finding is ultimately granted. The EPA is also proposing to deny
certain petitions, in whole or in part. The longer section 126 NPR,
which includes the statement of basis and purpose for the section 126
rulemaking proposal, is included in the rulemaking docket and will be
published shortly in the Federal Register.
In accordance with section 110(c) of the CAA, EPA is also proposing
Federal implementation plans (FIPs) that may be needed if any State
fails to revise its SIP to comply with the final NOX SIP
call. The final NOX SIP call includes emissions budgets
which reflect elimination of specified amounts of NOX
emissions for the purposes of reducing NOX and ozone
transport in the eastern half of the Nation.
As described in a longer, more detailed FIP NPR entitled, ``Federal
Implementation Plans to Reduce Regional Transport of Ozone'' (hereafter
referred to as the longer FIP NPR), which was signed at the same time
as this NPR, if a State fails to respond to the NOX SIP call
by not adopting and submitting to EPA a complete SIP revision by
September 24, 1999, EPA intends to take final rulemaking action on the
FIP immediately thereafter. In addition, if a State submits a SIP that
EPA does not find approvable, EPA intends to promulgate a FIP
concurrently with finalization of its disapproval of the SIP. The
longer FIP NPR, which includes the statement of basis and purpose for
the FIP rulemaking action, is included in the rulemaking docket and
will be published shortly in the Federal Register.
This short proposal on the section 126 petitions and FIPs announces
the availability of the longer section 126 and FIP NPRs, which include
regulatory text, requests comments on the short and long proposals, and
announces the public hearing dates.
DATES: The EPA is establishing a 60-day comment period for the section
126 and the FIP NPRs, ending on November 30, 1998. Comments must be
postmarked by the last day of the comment period and sent directly to
the Docket Office listed in ADDRESSES (in duplicate form if possible).
The public hearings for the section 126 and FIP proposals will be held
on October 28 and 29, 1998 in Washington, DC. Please refer to
SUPPLEMENTARY INFORMATION for additional information on the comment
period and public hearing.
ADDRESSES: Comments may be submitted to the Air and Radiation Docket
and Information Center (6102), Attention: Docket No. A-97-43 for the
section 126 proposal and Docket No. A-98-12 for the FIP proposal, U.S.
Environmental Protection Agency, 401 M Street SW, room M-1500,
Washington, DC 20460, telephone (202) 260-7548. Comments and data may
also be submitted electronically by following the instructions under
SUPPLEMENTARY INFORMATION of this document. No confidential business
information (CBI) should be submitted through e-mail.
The public hearings will be held at the EPA Auditorium, 401 M St.,
SW., Washington, DC.
Documents relevant to this action are available for inspection at
the Docket Office, at the above address, between 8:00 a.m. and 4:00
p.m., Monday though Friday, excluding legal holidays. A reasonable
copying fee may be charged for copying.
FOR FURTHER INFORMATION CONTACT: General questions concerning the
section 126 proposal should be addressed to Carla Oldham, Office of Air
Quality Planning and Standards, Air Quality Strategies and Standards
Division, MD-15, Research Triangle Park, NC, 27711, telephone (919)
541-3347.
[[Page 52214]]
General questions concerning the FIP proposal should be addressed
to Doug Grano, Office of Air Quality Planning and Standards, Air
Quality Strategies and Standards Division, MD-15, Research Triangle
Park, NC, 27711, telephone (919) 541-3292.
SUPPLEMENTARY INFORMATION:
Public Hearing
The EPA will conduct public hearings on the section 126 and FIP
proposals on October 28-29, 1998 beginning at 9:00 am. The public
hearings will be held at the EPA Auditorium at 401 M Street SW,
Washington, DC, 20460. The metro stop is Waterfront which is on the
green line. Persons planning to present oral testimony at the hearings
should notify JoAnn Allman, Office of Air Quality Planning and
Standards, Air Quality Strategies and Standards Division, MD-15,
Research Triangle Park, NC 27711, telephone (919) 541-1815 no later
than October 21, 1998. Oral testimony will be limited to 5 minutes
each. Any member of the public may file a written statement before,
during, or by the close of the comment period. Written statements
(duplicate copies preferred) should be submitted to the relevant docket
at the above address. The hearing schedules, including lists of
speakers, will be posted on EPA's webpage at http://www.epa.gov/
airlinks prior to the hearing. Verbatim transcripts of the hearings and
written statements will be made available for copying during normal
working hours at the Air and Radiation Docket and Information Center at
the above address.
Availability of Related Information
The official records for the section 126 and FIP rulemakings, as
well as the public versions (including comments and data submitted
electronically as described below), have been established under Docket
No. A-97-43 for the section 126 action and Docket No. A-98-12 for the
FIP action. The public versions of these records, including printed,
paper versions of electronic comments, which do not include any
information claimed as CBI, are available for inspection from 8 a.m. to
4 p.m., Monday through Friday, excluding legal holidays. The official
rulemaking records are located at the address in ADDRESSES at the
beginning of this document. Electronic comments can be sent directly to
EPA at: A-and-R-Docket@epamail.epa.gov. Electronic comments must be
submitted as an ASCII file avoiding the use of special characters and
any form of encryption. Comments and data will also be accepted on
disks in WordPerfect in 5.1 file format or ASCII file format. All
comments and data in electronic form must be identified by the
appropriate docket number. Electronic comments on the proposals may be
filed online at many Federal Depository Libraries.
The longer section 126 NPR and longer FIP NPR are contained in
their respective rulemaking dockets, are currently available on EPA's
Website at http://www.epa.gov/ttn/oarpg under ``recent actions'' and
``actions sorted by CAA title'' (under title I) and will be published
shortly in the Federal Register.
Documents related to the NOX SIP call rulemaking,
formally entitled ``Finding of Significant Contribution and Rulemaking
for Certain States in the Ozone Transport Assessment Group Region for
Purposes of Reducing Regional Transport of Ozone,'' are available for
inspection in Docket No. A-96-56 at the address and times given above.
In addition, associated documents are located at http://www.epa.gov/
ttn/oarpg/otagsip.html. The NOX SIP call docket contains
information and analyses that are relied upon in the proposals on the
section 126 petitions and FIP. Therefore, EPA is including by reference
the entire NOX SIP call docket for purposes of both the
section 126 and FIP rulemakings. Although EPA is including by reference
the entire NOX SIP call docket, the only portions that form
the basis for the FIP rulemaking are the portions that address
feasibility and cost effectiveness of control measures and the
projection of emissions reductions that various control measures would
achieve.
Relationship Between Short and Long Proposals
In order to meet the publication deadline for the proposal on the
section 126 petitions, as set forth in a proposed consent decree, EPA
is publishing this short section 126 NPR at this time. A longer, more
detailed version of the proposal was signed by the Administrator at the
same time as this short NPR. The longer section 126 NPR includes a
detailed preamble describing the proposed requirements, addresses the
administrative requirements, and provides the proposed regulatory text.
The longer section 126 NPR will take more time to process for
publication. However, it is currently publicly available in the
rulemaking docket and on EPA's web site at the address given above.
The EPA is publishing this short proposal for the FIP in order to
meet timing requirements that will allow EPA to hold the FIP public
hearing in conjunction with the section 126 public hearing. The EPA
believes this is important because both actions rely on the same
proposed Federal NOX Budget Trading Program as a control
remedy. A longer, more detailed version of the FIP proposal was signed
by the Administrator at the same time as the short FIP NPR. The longer
FIP NPR includes a detailed preamble describing the proposed
requirements, addresses the administrative requirements, and provides
the proposed regulatory text. It is also currently publicly available
in its docket and on EPA's website given above.
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Emissions trading,
Nitrogen oxides, Ozone transport, Reporting and recordkeeping
requirements.
40 CFR Part 97
Environmental protection, Air pollution control, Emissions trading,
Nitrogen oxides, Ozone transport, Reporting and recordkeeping
requirements.
40 CFR Part 98
Environmental protection, Air pollution control, Emissions trading,
Nitrogen oxides, Ozone transport, Reporting and recordkeeping
requirements.
Dated: September 24, 1998.
Carol M. Browner,
Administrator.
[FR Doc. 98-26161 Filed 9-29-98; 8:45 am]
BILLING CODE 6560-50-P
