

[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:

------------------------------------------------------------------------
                                                          Examples of
                                                          potentially
            Category                  NAICS code           regulated
                                                            entities
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

    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
