Federal Register / Vol. 62, No. 9 / Tuesday, January 14, 1997 / Proposed Rules 1869

U.S. EPA, Research Triangle Park, N.C.

27711.

SUPPLEMENTARY INFORMATION: The

information in this preamble is

organized as follows:

1. Background

The Clean Air Act as amended

November 1990, requires under the

revisions to Section 112, that the

Agency list and promulgate National

Emissions Standards for Hazardous Air

Pollutants (NESHAP) in order to

control, reduce, or otherwise limit the

emissions of HAP for categories of major

and area sources. Pursuant to the

various specific listing requirements in

Section 112(c), the Agency published on

July 16, 1992 (57 FR 31576) an initial

list of 174 categories of major and area

sources that would be henceforth

subject to emissions standards. Sewage

Sludge Incineration (SSI) was one of the

174 categories listed for development of

a NESHAP.

Following this initial listing, and

pursuant to requirements in Section

122(e), on December 3, 1993 (58 FR

63941), the Agency published a

schedule for the promulgation of

emission standards for each of the 174

listed source categories. The SSI were

listed for promulgation of a NESHAP no

later than November 15, 2000. The

reader is directed to those two notices

for information relating to development

of the initial list and schedule.

The Agency published a Notice of

Listing of Categories and Regulatory

Schedule for Air Emissions From Other

Solid Waste Incineration (OSWI) on

November 2, 1993 (58 F.R. 58498). The

New Source Performance Standards

(NSPS) and Emissions Guidelines (EG)

for OSWI’s are to be developed under

section 129 of the Clean Air Act. That

notice listed seven categories of OSWIs.

The notice established a promulgation

date for rulemaking for the seven

categories of OSWI’s of no later than

November 15, 2000. Incineration of

sludge from publicly owned waste water

treatment works (POTW’s) was not

listed.

The Agency published an Advanced

Notice of Proposed Rulemaking

(ANPRM) for NSPS and EG applicable

to Industrial and Commercial Waste

Incinerators (ICWI) and Other Solid

Waste Incinerators (OSWI) on December

28, 1994 (59 FR 66850). That notice

announced the EPA’s intent to develop

NSPS and EG under Section 129 of the

Act for the seven OSWI categories and

ICWIs. Not included among the listed

categories were incinerators used to

combust sewage sludge produced at

POTWs.

Today’s Notice of Additional

Information is announcing EPA’s

oversight in not listing SSI’s in the

November 2, 1993 listing of OSWI. The

Agency, on closer reading of Section

129 of the Act, has now determined that

SSI should properly be regulated under

Section 129 rather that Section 112.

Section 129 requires the EPA to

establish NSPS for new and EG for

existing facilities, for each category of

solid waste incineration units. Section

129 defines a solid waste incineration

unit as ‘‘a distinct operating unit of any

facility which combusts any solid waste

material from commercial or industrial

establishments or the general public

(including single and multiple

residences, hotels, and motels).’’ Sludge

generated by POTWs is a solid waste

from the general public, commercial and

industrial establishments.

Regulation of SSI under Section 129

provides for regulation of four criteria

pollutants that are not listed as

Hazardous Air Pollutants in Section

112. Also Section 129 provides for

regulation of both new and existing

units and does not have the major

source quantity cutoff of Section

112(a)(1). Development of guidelines for

operator training and certification of SSI

operators is also a requirement of

Section 129. These provisions will give

the EPA more flexibility in setting rules

for different sizes of SSI and will assure

the public that the SSI are being

operated in a manner that will protect

the public health. The promulgation

date for an NSPS and EG applicable to

SSI remains no later than November 15,

2000.

The Agency also notes that this action

announces the EPA’s intent to delist SSI

from the Section 112(c) source category

list and the 112(e) schedule and to add

SSI to the list of categories of Other

Solid Waste Incinerators. At the time of

proposal of the NSPS and EG under

Section 129, the SSI will be delisted

from the Section 112(c) list and the

112(e) schedule and added to the list of

categories and regulatory schedule for

Other Solid Waste Incinerators.

Dated: January 8, 1997.

Mary D. Nichols,

Assistant Administrator for Air and

Radiation.

[FR Doc. 97–873 Filed 1–13–97; 8:45 am]

BILLING CODE 6560–5O–P

40 CFR Part 63

[AD–FRL–5677–2]

RIN 2060–AD–56 and RIN 2060–AE–37

National Emission Standards for

Hazardous Air Pollutants Emissions:

Group I Polymers and Resins and

Group IV Polymers and Resins

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: On September 5, 1996, the

EPA promulgated 40 CFR part 63,

Subpart U—National Emission

Standards for Hazardous Air Pollutants

(NESHAP) for Group I Polymers and

Resins (61 FR 46906), and on September

12, 1996, the EPA promulgated 40 CFR

part 63, Subpart JJJ—Group IV Polymers

and Resins NESHAP (61 FR 48208).

This action proposes to correct an error

in the final Group I Polymers and Resins

NESHAP, by extending the compliance

date for heat exchange systems. In

addition, this action proposes to extend

the initial compliance date for

equipment leaks for both the Group I

and Group IV Polymers and Resins

NESHAP, to allow time necessary for

affected sources to respond to

amendments to the hazardous organic

NESHAP (HON) equipment leak

provisions promulgated on December

26, 1996, which are directly referenced

in both subparts U and JJJ.

Because these amendments are merely

extending the compliance date for

equipment leaks and heat exchange

systems, the EPA does not anticipate

receiving adverse comments.

Consequently, the proposed revisions to

the promulgated rule are also being

issued as a direct final rule in the final

rules section of this Federal Register. If

no significant adverse comments are

received by the due date for comments

(see DATES section below), no further

action will be taken with respect to this

proposal, and the direct final rule will

become final on the date provided in

that action.

DATES: Comments. Comments must be

received on or before February 13, 1997,

unless a hearing is requested by January

24, 1997. If a hearing is requested,

written comments must be received by

February 28, 1997.

Public Hearing. Anyone requesting a

public hearing must contact the EPA no

later than January 24, 1997. If a hearing

is held, it will take place on January 29,

1997, beginning at 10:00 a.m.

ADDRESSES: Comments. Comments

should be submitted (in duplicate, if

possible) to: Air and Radiation Docket

and Information Center (6102),
1870 Federal Register / Vol. 62, No. 9 / Tuesday, January 14, 1997 / Proposed Rules

Attention Docket Numbers A–92–44 and

A–92–45 (see docket section below),

room M–1500, U.S. Environmental

Protection Agency, 401 M Street, SW.,

Washington, D.C. 20460. The EPA

requests that a separate copy also be

sent to the contact person listed below.

Comments may also be submitted

electronically by sending electronic

mail (e-mail) to: a-and-rdocket@epamail.epa.gov.

Public Hearing. If a public hearing is

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

of Administration Auditorium, Research

Triangle Park, North Carolina. Persons

interested in attending the hearing or

wishing to present oral testimony

should notify Ms. Marguerite Thweatt,

U.S. Environmental Protection Agency,

Research Triangle Park, N.C. 27711,

telephone (919) 541–5607.

Docket. Docket Nos. A–92–44 and A–

92–45, containing the supporting

information for the original NESHAP

and this action, are available for public

inspection and copying between 8:00

a.m. and 5:30 p.m., Monday through

Friday, at the EPA’s Air and Radiation

Docket and Information Center,

Waterside Mall, room M–1500, first

floor, 401 M Street SW., Washington,

DC 20460, or by calling (202) 260–7548

or 260–7549. A reasonable fee may be

charged for copying.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert Rosensteel, Emission Standards

Division (MD–13), U.S. Environmental

Protection Agency, Office of Air Quality

Planning and Standards, Research

Triangle Park, North Carolina 27711,

telephone number (919) 541–5608.

SUPPLEMENTARY INFORMATION: The Group

I Polymers and Resins NESHAP directly

reference the heat exchange system

provisions (§63.104) of the HON. The

EPA intended the subpart U compliance

schedule to mirror the compliance

schedule in the HON. However, subpart

U inadvertently only allows six months

for compliance with the heat exchange

system provisions (March 5, 1997),

while the HON allows three years from

its effective date. Therefore, this action

proposes to change the subpart U

compliance date for heat exchange

systems to September 5, 1999, to correct

the inadvertent error in the final rule.

In addition, both subparts U and JJJ

directly reference the equipment leak

provisions of the HON (40 CFR 63,

subpart H). Both subparts require that

affected sources comply with the

equipment leak provisions by 6 months

after promulgation—March 5, 1997 for

subpart U and March 12, 1997 for

subpart JJJ. However, in accordance

with a settlement agreement, the EPA

promulgated a final rule amending the

HON on December 26, 1996. The final

amendments to the HON include

revisions to the HON equipment leak

provisions, which are also applicable,

by direct reference, to sources subject to

subparts U and JJJ.

This document is available in Docket

Nos. A–92–44 and A–92–45 or by

request from the EPA’s Air and

Radiation Docket and Information

Center (see ADDRESSES), and is

available for downloading from the

Technology Transfer Network (TTN),

the EPA’s electronic bulletin board

system. The TTN provides information

and technology exchange in various

areas of emissions control. The service

is free, except for the cost of a telephone

call. Dial (919) 541–5742 for up to a

14,000 baud per second modem. For

further information, contact the TTN

HELP line at (919) 541–5348, from 1:00

p.m. to 5:00 p.m., Monday through

Friday, or access the TTN web site at:

http://ttnwww.rtpnc.epa.gov.

Regulated entities

Regulated categories and entities

include:

Category ..... Examples of regulated entities.

Industry ...... Elastomers and Thermoplastics.

This table is not intended to be

exhaustive, but rather provides a guide

for readers regarding entities likely to be

regulated by the proposed amendments

discussed in this notice. If you have

questions regarding the applicability of

these proposed amendments to a

particular entity, consult the person

listed in the preceding FOR FURTHER

INFORMATION CONTACT section.

Electronic Submission of Comments

Electronic comments must be

submitted as an ASCII file, avoiding the

use of special characters and any form

of encryption. Comments will also be

accepted on diskette in WordPerfect 5.1

or ASCII file format. All comments in

electronic form must be identified by

the docket number A–92–44 or A–92–

45. No Confidential Business

Information (CBI) should be submitted

through e-mail. Electronic comments

may be filed online at many Federal

Depository Libraries.

Administrative

A. Paperwork Reduction Act

For both the Group I and Group IV

Polymers and Resins NESHAP, the

information collection requirements

were submitted to the Office of

Management and Budget (OMB) under

the Paperwork Reduction Act, [44 U.S.C.

3501 et seq.]. The OMB approved the

information collection requirements for

the Group IV Polymers and Resins

NESHAP and assigned those standards

the OMB control number 2060–0351.

An Agency may not conduct or sponsor,

and a person is not required to respond

to, a collection of information unless it

displays a currently valid OMB control

number. The OMB control numbers for

the EPA’s regulations are listed in 40

CFR Part 9 and 48 CFR Chapter 15. The

EPA has amended 40 CFR Part 9,

Section 9.1, to indicate the information

collection requirements contained in the

Group IV Polymers and Resins

NESHAP.

An Information Collection Request

(ICR) document for the Group I

Polymers and Resins I NESHAP was

prepared by the EPA (ICR No. 1746.01)

but has not yet been approved by the

OMB. A copy may be obtained from

Sandy Farmer, OPPE Regulatory

Information Division (2137), U.S.

Environmental Protection Agency, 401

M Street, SW., Washington, D.C. 20460,

or by calling (202) 260–2740.

The amendments to the NESHAP

contained in the direct final rule should

have no impact on the information

collection burden estimates made

previously. Therefore, the ICRs have not

been revised.

B. Executive Order 12866 Review

Under Executive Order (E.O.) 12866,

the EPA must determine whether the

proposed regulatory action is

‘‘significant’’ and therefore, subject to

the Office of Management and Budget

(OMB) review and the requirements of

the Executive Order. The Order defines

‘‘significant’’ regulatory action as one

that is likely to lead to a rule that may:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety in

State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees

or loan programs or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

Pursuant to the terms of the Executive

Order, the OMB notified the EPA that it

considered both the Group I Polymers

and Resins NESHAP and the Group IV
Federal Register / Vol. 62, No. 9 / Tuesday, January 14, 1997 / Proposed Rules 1871

Polymers and Resins NESHAP

‘‘significant regulatory actions’’ within

the meaning of the Executive Order. The

EPA submitted those actions to the

OMB for review. Changes made in

response to suggestions or

recommendations from the OMB were

documented and included in the public

record.

These proposed amendments to those

NESHAP provide affected sources more

time in which to comply with the

equipment leaks provisions of those

rules. These proposed revisions do not

add any additional control

requirements. Therefore, these

amendments were classified ‘‘nonsignificant’’ under Executive Order

12866 and were not required to be

reviewed by OMB.

C. Regulatory Flexibility

The EPA has determined that it is not

necessary to prepare a regulatory

flexibility analysis in connection with

this proposed rule. The EPA has also

determined that this proposed rule will

not have a significant economic impact

on a substantial number of small

entities. See the September 5, 1996

Federal Register (61 FR 46906) and the

September 12, 1996 Federal Register (61

FR 48208) for the basis for this

determination. The compliance date

changes to the two rules do not impose

any economic burden for any regulated

entity.

D. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), the EPA

must prepare a budgetary impact

statement to accompany any proposed

or final rule that includes a Federal

mandate that may result in estimated

costs to State, local, or tribal

governments in the aggregate; or to the

private sector, of $100 million or more.

Under Section 205, the EPA must select

the most cost-effective and least

burdensome alternative that achieves

the objectives of the rule and is

consistent with statutory requirements.

Section 203 requires the EPA to

establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

The EPA has determined that these

proposed amendments do not include a

Federal mandate that may result in

estimated costs of $100 million or more

to either State, local, or tribal

governments in the aggregate, or to the

private sector. Therefore, the

requirements of the Unfunded Mandates

Act do not apply to this action.

E. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. §801(a)(1)(A), as

added by the Small Business Regulatory

Enforcement Fairness Act of 1996, the

EPA submitted a report containing this

proposed rule and other required

information to the U.S. Senate, the U.S.

House of Representatives, and the

Comptroller General of the General

Accounting Office prior to publication

of this proposed rule in the Federal

Register. This is not a ‘‘major rule’’ as

defined by 5 U.S.C. §804(2).

List of Subjects in 40 CFR Part 63

Environmental protection, Air

pollution control, Hazardous

substances, Reporting and

recordkeeping requirements.

Dated: January 9, 1997.

Carol M. Browner,

Administrator.

[FR Doc. 97–987 Filed 1–13–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 87–268; DA 97–23]

Advanced Television Systems and

Their Impact on the Existing Television

Service

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule; extension of

time.

SUMMARY: The Commission is extending

the time for filing reply comments

relating to the Sixth Further Notice of

Proposed Rule Making in this

proceeding until January 24, 1997. This

action will allow the development of a

complete record on the matter of

channel allotments for operation of

digital TV service.

DATES: Reply comments are due on or

before January 24, 1997.

ADDRESSES: Federal Communications

Commission, 1919 M Street, N.W.,

Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT:

Bruce Franca (202–418–2470), Alan

Stillwell (202–418–2470) or Robert

Eckert (202–428–2470), Office of

Engineering and Technology.

SUPPLEMENTARY INFORMATION: 1. On July

25, 1996, the Commission adopted a

Sixth Further Notice of Proposed Rule

Making (Sixth FNPRM) in MM Docket

No. 87–268, 61 FR 43209, August 21,

1996, that proposed policies for

developing the initial channel

allotments for digital TV (DTV) service,

proposed procedures for assigning DTV

allotments, and plans for spectrum

recovery. The Sixth FNPRM also

contains a draft DTV Table of

Allotments. Comments responding to

the Sixth FNPRM initially were due

November 22, 1996. On November 20,

1996, we issued an Order, 61 FR 63811,

December 2, 1996, extending the date

for filing reply comments in response to

the Sixth FNPRM to January 10, 1997.

2. On January 2, 1997, Sinclair

Broadcast Group and Sullivan

Broadcasting Company, Inc. (Group

Owners) requested that we extend the

date for filing reply comments in

response to the Sixth FNPRM an

additional 60 days. The Group Owners

submit that this additional time is

needed for themselves and other UHF

station licensees to finalize and present

to the Commission a technically and

commercially reasonable solution that

creates better coverage parity between

UHF and VHF stations and also

ameliorates certain seriously adverse

effects on UHF television stations

inherent in the primary allotment plans

now under consideration by the

Commission. They argue that any delay

in adopting the DTV Table of

Allotments that is occasioned by the

requested extension would be

outweighed by the need for the

Commission to have a full record on the

effects that its actions in this proceeding

have on UHF broadcasters.

3. The Association for Maximum

Service Television (MSTV) opposes the

Group Owners’ request for an extension

of the time for filing reply comments.

MSTV states that while it is sympathetic

with the concerns expressed in the

Group Owners request, it believes that

those concerns may be addressed

without further delaying the DTV

allotment proceeding. It argues that it is

critical that the Commission conclude

this proceeding as promptly as possible

so that the transition to DTV may begin.

MSTV argues that an across-the-board

60-day extension would delay our rule

making action, and that the submission

of any proposal could require still

another round of comments that would

cause further delay. MSTV therefore

urges that we deny the Group Owners

extension request. As an alternative, it

suggests that we state that we will

accept late-filed reply comments for

four weeks after the current January 10,

1997, due date for reply comments to

afford broadcasters the opportunity to

evaluate and respond to questions

concerning this issue.

4. In comments responding to the

Group Owners’ request, Motorola