

[Federal Register: November 16, 2006 (Volume 71, Number 221)]
[Proposed Rules]               
[Page 66720-66722]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no06-30]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2006-0497; FRL-8243-1]
RIN A2060-AN96

 
Standards of Performance for Industrial-Commercial-Institutional 
Steam Generating Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: We are proposing a facility-specific nitrogen oxides 
(NOX) standard for a steam generating unit which 
simultaneously combusts fossil fuel and chemical by-product/waste at 
the Innovene USA facility located in Lima, Ohio. New source performance 
standards limiting emissions of, among other pollutants, NOX 
from industrial-commercial-institutional steam generating units capable 
of combusting more than 100 million British thermal units per hour were 
promulgated on November 25, 1986. The standards limit NOX 
emissions from the combustion of fossil fuels by themselves or in 
combination with other fuels or wastes. The standards include 
provisions for the establishment of facility-specific NOX 
standards for steam generating units which simultaneously combust 
fossil fuel and chemical by-product/waste under certain conditions.

DATES: Comments. Comments must be received on or before December 18, 
2006, unless a hearing is requested by November 27, 2006. If a timely 
hearing request is submitted, the hearing will be held on December 1, 
2006 and we must receive written comments on or before January 2, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0497, by one of the following methods:
     http://www.regulations.gov. Follow the on-line 

instructions for submitting comments.
     E-mail: A-and-r-docket@epa.gov.
     Fax: (202) 566-1741.
     Mail: Air and Radiation Docket and Information Center, 
Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania 
Avenue, NW., Washington, DC 20460. Please include a total of two 
copies.
     Hand Delivery: Air and Radiation Docket and Information 
Center, U.S. EPA, 1301 Constitution Avenue, NW., Room B-108, 
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.
    We request that a separate copy also be sent to the contact person 
listed below (see FOR FURTHER INFORMATION CONTACT).


    Note: The EPA Docket Center suffered damage due to flooding 
during the last week of June 2006. The Docket Center is continuing 
to operate. However, during the cleanup, there will be temporary 
changes to Docket Center telephone numbers, addresses, and hours of 
operation for people who wish to visit the Public Reading Room to 
view documents. Consult EPA's Federal Register notice at 71 FR 38147 
(July 5, 2006) or the EPA Web site at http://www.epa.gov/epahome/dockets.htm
 for current information on docket status, locations, and 

telephone numbers. The Docket Center's mailing address for U.S. mail 
and the procedures for submitting comments to http://www.regulations.gov
 are not affected by the flooding and will remain 

the same.

    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0497. 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 

are ``anonymous access'' systems, 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

[[Page 66721]]

to EPA without going through http://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, 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 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.
    Public Hearing. If a public hearing is held, it will be held at 
EPA's campus located at 109 T.W. Alexander Drive in Research Triangle 
Park, North Carolina or at an alternate site nearby.

FOR FURTHER INFORMATION CONTACT: Mr. James A. Eddinger, Energy 
Strategies Group, Sector Policies and Programs Division (D243-01), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711; telephone number (919) 541-5426; facsimile number (919) 541-
5450; electronic mail address eddinger.jim@epa.gov.

SUPPLEMENTARY INFORMATION: Regulated Entities. The only regulated 
entity that will be affected by this proposed amendment is the Innovene 
USA facility located in Lima, Ohio.

What Should I Consider as I Prepare My Comments for EPA?

    Submitting CBI. Do not submit this information to EPA through 
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: Mr. James Eddinger, c/
o OAQPS Document Control Officer (Room C404-02), U.S. EPA, Research 
Triangle Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-2006-0497.
    Tips for Preparing Your Comments. When submitting comments, 
remember to:
     Identify the rulemaking by docket number and other 
identifying information (subject heading, Federal Register date and 
page number).
     Follow directions--EPA may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.
    Public Hearing. If a public hearing is held, it will be held on 
December 1, 2006 at the EPA facility, Research Triangle Park, NC, or an 
alternative site nearby. Persons interested in presenting oral 
testimony or inquiring as to whether a hearing is to be held should 
contact Ms. Pamela Garrett, Energy Strategies Group, Sector Policies 
and Programs Division (D243-01), Research Triangle Park, NC 27711, 
telephone number (919) 541-7966, at least 2 days in advance of the 
potential date of the public hearing. Persons interested in attending 
the public hearing must also call Ms. Garrett to verify the time, date, 
and location of the hearing. The public hearing will provide interested 
parties the opportunity to present data, views, or arguments concerning 
these proposed emission standards.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's proposal will also be posted on the 
Technology Transfer Network's (TTN) policy and guidance page http://www/epa.gov/ttn/oarpg.
 The TTN provides information and technology 

exchange in various areas of air pollution control.
    Direct Final Rule. A direct final rule identical to this proposal 
is published in the Rules and Regulations section of this Federal 
Register. If we receive any material adverse comment pertaining to the 
amendment in the proposal, we will publish a timely notice in the 
Federal Register informing the public that the amendments are being 
withdrawn due to adverse comment. We will address all public comments 
concerning the withdrawn amendments in a subsequent final rule. If no 
material 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.
    The regulatory text for this proposal is identical to that for the 
direct final rule published in the Rules and Regulations section of 
this Federal Register. For further supplemental information, the 
detailed rationale for the proposal, and the regulatory revisions, see 
the information provided in the direct final rule published in the 
Rules and Regulations section of this Federal Register.

Statutory and Executive Order Reviews

    For a complete discussion of all of the administrative requirements 
applicable to this action, see the direct final rule in the Rules and 
Regulations section of this Federal Register.

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 impacts of this proposed rule 
amendments on

[[Page 66722]]

small entities, small entity is defined as: (1) A small business whose 
parent company has fewer than 100 or 1,000 employees, or fewer than 4 
billion kilowatt-hours per year of electricity usage, depending on the 
size definition for the affected North American Industry Classification 
System code; (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 impacts of this proposed rule 
amendment on small entities, we conclude that this action will not have 
a significant economic impact on a substantial number of small 
entities. This proposed rule amendment will not impose any requirements 
on small entities because it does not impose any additional regulatory 
requirements.
    We continue to be interested in the potential impacts of the 
proposed rule on small entities and welcome comments on issues related 
to such impacts.

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 9, 2006.
Stephen L. Johnson,
Administrator.
[FR Doc. E6-19385 Filed 11-15-06; 8:45 am]

BILLING CODE 6560-50-P
