Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Proposed Rules 44931

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 60

[AD–FRL–5880–3]

RIN 2016–AD04

Emission Guidelines for Existing

Sources and Standards of

Performance for New Stationary

Sources: Large Municipal Waste

Combustion Units

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: On December 19, 1995,

pursuant to sections 111 and 129 of the

Clean Air Act, EPA promulgated

emission guidelines applicable to

existing municipal waste combustor

(MWC) units and new source

performance standards applicable to

new MWC units. The guidelines and

standards are codified at 40 CFR Part 60,

subparts Cb and Eb, respectively. See 60

FR 65387. On April 8, 1997, the United

States Court of Appeals for the District

of Columbia Circuit vacated subparts Cb

and Eb as they apply to MWC units with

the capacity to combust less than or

equal to 250 tons per day of municipal

solid waste (MSW), and all cement kilns

combusting MSW, consistent with their

opinion in Davis County Solid Waste

Management and Recovery District v.

EPA, 101 F.3d 1395 (D.C. Cir. 1996), as

amended, 108 F.3d 1454 (D.C. Cir.

1997). As a result, subparts Cb and Eb

apply only to MWC units with the

capacity to combust more than 250 tons

per day of MSW per unit (large MWC

units).

This notice proposes to amend the

guidelines and the standards for MWC

units to make them consistent with the

Davis decision and subsequent court

vacatur order. The guidelines and

standards proposed for amendment

have remained in effect for large MWC

units since December 19, 1995 because

the court did not vacate or stay the rules

as they apply to these units. They will

remain in effect during proposal and

promulgation of these amendments.

The amended guidelines and

standards would result in the 1995 rule

being applicable only to MWC units

with the capacity to combust greater

than 250 tons per day of MSW per unit.

In this document, these units are

referred to as large MWC units or large

MWC’s.

The proposed amendments would

affect the applicability of the guidelines

and standards, and add supplemental

emission limits for four pollutants

(hydrogen chloride, sulfur dioxide,

nitrogen oxides, and lead) to the

guidelines. The proposed amendments

would not add any additional emission

limits to the standards.

The 1995 guidelines and standards

applied to MWC units at plants greater

than 35 megagrams per day combustion

capacity (approximately 39 tons per

day). Because the proposed

amendments would restrict coverage of

the 1995 guidelines and standards to

only MWC units with combustion

capacities greater than 250 tons per day

consistent with the Davis decision, and

because no petitions to review the 1995

rules as they applied to large MWC

units were filed, the Agency does not

anticipate receiving adverse comments.

Consequently, in this issue of the

Federal Register, a companion direct

final rule is being published. If no

significant material adverse comments

are received on this proposal by the date

specified below, no further action will

be taken with respect to this proposal

and the direct final rule will become

final. The regulatory text for this

proposal is the same as the regulatory

text for the companion direct final rule

which can be found in the final rules

section of this Federal Register.

DATES: Comments must be received on

or before September 24, 1997.

Additionally, a hearing will be

convened if requests to speak are

received by September 9, 1997. If

requests to speak are received, the

hearing will take place on September

16, 1997 beginning at 10:00 a.m. A

message regarding the status of the

public hearing may be accessed by

calling (919) 541–5264.

ADDRESSES: Comments. Comments

should be submitted (in duplicate, if

possible) to: Air and Radiation Docket

and Information Center (MC–6102),

Attention Docket Number A–90–45/

Section VIII–D, U.S. Environmental

Protection Agency, 401 M Street, SW,

Washington, DC 20460. Note that this is

a different docket section number than

that specified for comments on the

technical amendments included

elsewhere in a notice in today’s Federal

Register. Refer to SUPPLEMENTARY

INFORMATION for information regarding

electronic submittal of comments.

Public Hearing. If a public hearing is

held, it will be held at EPA’s Office of

Administration Auditorium, Research

Triangle Park, North Carolina, or at an

alternate site nearby. Persons interested

in presenting oral testimony should

notify Ms. Donna Collins, Combustion

Group, Emission Standards Division

(MD–13), U.S. Environmental Protection

Agency, Research Triangle Park, North

Carolina 27711, telephone (919) 541–

5578. The final meeting status and

location can be determined by calling

(919) 541–5264.

Docket. Docket Nos. A–90–45 and A–

89–08, containing supporting

information for this rulemaking, are

available for public inspection and

copying between 8:00 a.m. and 5:30

p.m., Monday through Friday, at EPA’s

Air and Radiation Docket and

Information Center (Mail Code 6102),

401 M Street, SW, Washington, DC

20460, or by calling (202) 260–7548.

The docket is located at the above

address in Room M–1500, Waterside

Mall (ground floor, central mall). A

reasonable fee may be charged for

copying.

FOR FURTHER INFORMATION CONTACT: Mr.

Walter Stevenson at (919) 541–5264,

Combustion Group, Emission Standards

Division (MD–13), U.S. Environmental

Protection Agency, Research Triangle

Park, North Carolina 27711.

SUPPLEMENTARY INFORMATION: If no

significant material adverse comments

are received on these proposed

amendments by the specified date, no

further activity is contemplated in

relation to this proposal, and the

companion direct final rule (see the

final rules section of this Federal

Register) will automatically become

effective on the date specified therein. If

significant material adverse comments

are received on this proposal, the

companion direct final rule will be

withdrawn and all public comments

received will be addressed in a

subsequent final rule based on this

proposal. Any parties interested in

commenting should do so during this

comment period.

The regulatory text for this proposal is

being published with the companion

direct final rule and is incorporated by

reference herein. In the regulatory text,

the effective dates and the compliance

dates are keyed to the promulgation date

for both the guidelines and the

standards. In the regulatory text of the

guidelines, the State plan submittal

dates and required final compliance

dates are also dependent upon the

promulgation date of these

amendments. Therefore, if EPA were to

withdraw the direct final rule as a result

of comments on this proposal, the

aforementioned dates would be revised

to reflect the subsequent final

promulgation date.

For further supplementary

information, the detailed rationale, and

the specific amendments being

proposed, see the information provided

in the companion direct final rule in the
44932 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Proposed Rules

direct final rules section of this issue of

the Federal Register.

Electronic Submittal of Comments

Comments and data may be submitted

in hard copy or electronically.

Electronic submittals should be sent to

A-and-R-Docket@epamail.epa.gov. No

Confidential Business Information (CBI)

should be submitted through e-mail.

Electronic comments must be submitted

as an ASCII file avoiding the use of

special characters and any form of

encryption. Electronic comments on this

proposed rule may be filed online at

many Federal Depository Libraries.

Comments and data will also be

accepted on disks in WordPerfect 5.1 or

6.1 file format or ASCII file format. All

comments and data for this proposal,

whether in paper form or in electronic

forms such as through e-mail or on disk,

must be identified by the docket number

A–90–45/Section VIII–D.

Executive Order 12866 Review

Under Executive Order 12866 (58 FR

51735, October 4, 1993), EPA must

determine whether the regulatory action

is ‘‘significant’’ and, therefore, subject to

OMB review and the requirements of

the Executive Order. The EPA

considered the 1995 guidelines and

standards to be significant and the rules

were reviewed by OMB in 1995 (see 60

FR 65405). The amendments proposed

today would not result in any additional

control requirements and this regulatory

action is considered ‘‘not significant’’

under Executive Order 12866.

Unfunded Mandates Act

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a statement to accompany any

rule where the estimated costs to State,

local, or tribal governments, or to the

private sector will be $100 million or

more in any 1 year. Section 203 requires

EPA to establish a plan for informing

and advising any small governments

that may be significantly impacted by

the rule. An unfunded mandates

statement was prepared and published

in the 1995 promulgation notice (see 60

FR 65405 to 65412).

The EPA has determined that the

proposed amendments do not include

any new Federal mandates. Therefore,

the requirements of the Unfunded

Mandates Act do not apply to this

proposed rule.

Regulatory Flexibility Act (RFA)

Section 605 of the RFA requires

Federal agencies to give special

consideration to the impacts of

regulations on small entities, which are

small businesses, small organizations,

and small governments. During the 1995

rulemaking, EPA estimated that few, if

any, small entities would be affected by

the promulgated guidelines and

standards and, therefore, a regulatory

flexibility analysis was not required (see

60 FR 65413). The rules as amended

today would not establish any new

requirements; therefore, pursuant to the

provisions of 5 U.S.C. 605(b), EPA

certifies that the amendments to the

guidelines and standards will not have

a significant impact on a substantial

number of small entities, and a

regulatory flexibility analysis is not

required.

List of Subjects in 40 CFR Part 60

Environmental protection, Air

pollution control, Reporting and

recordkeeping requirements.

Dated: August 15, 1997.

Carol M. Browner,

Administrator.

[FR Doc. 97–22371 Filed 8–22–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–175; RM–9138]

Radio Broadcasting Services; Presho,

SD

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by West

Wind Broadcasting proposing the

allotment of Channel 262A at Presho,

South Dakota, as the community’s first

local aural transmission service.

Channel 262A can be allotted to Presho

in compliance with the Commission’s

minimum distance separation

requirements at city reference

coordinates. The coordinates for

Channel 262A at Presho are North

Latitude 43–54–24 and West Longitude

100–03–36.

DATES: Comments must be filed on or

before October 6, 1997, and reply

comments on or before October 21,

1997.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner, his counsel, or consultant, as

follows: Victor A. Michael, Jr.,

President, West Wind Broadcasting, c/o

Magic City Media, 1912 Capitol Avenue,

Suite 300, Cheyenne, Wyoming

82001(Petitioner).

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

97–175, adopted August 6, 1997, and

released August 15, 1997. The full text

of this Commission decision is available

for inspection and copying during

normal business hours in the FCC

Reference Center (Room 239), 1919 M

Street, NW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Service, Inc., (202) 857–

3800, 1231 20th Street, NW.,

Washington, DC 20036.

Provisions of the Regulatory

Flexibility Act of 1980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–22406 Filed 8–22–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF VETERANS

AFFAIRS

48 CFR Parts 810, 811, 812, 836, 852

and 870

RIN 2900–AI05

VA Acquisition Regulations:

Commercial Items

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

SUMMARY: This document proposes to

amend the Department of Veterans

Affairs Acquisition Regulations (VAAR)

concerning the acquisition of

commercial items. It is proposed to

amend VAAR provisions to conform to