Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Proposed Rules 27897

including those under the Clean Air

Act, and taking appropriate action(s), if

any, after thorough analysis and

opportunity for Ohio to state and

explain its views and positions on the

issues raised by the law. The action

taken herein does not express or imply

any viewpoint on the question of

whether there are legal deficiencies in

this or any Ohio Clean Air Act program

resulting from the effect of the audit

privilege and immunity law. As a

consequence of the review process, the

regulations subject to the action taken

herein may be disapproved, federal

approval for the Clean Air Act program

under which they are implemented may

be withdrawn, or other appropriate

action may be taken, as necessary.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Intergovernmental relations, Ozone,

Nitrogen oxides, Implementation plans.

Authority: 42 U.S.C. 7401 et seq.

Dated: May 7, 1998.

Robert Springer,

Acting Regional Administrator, Region V.

[FR Doc. 98–13614 Filed 5–20–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Region II Docket No. NY27–1–178, FRL–

6101–5]

Approval and Promulgation of

Implementation Plans; Emission Trade

to Meet Reasonably Available Control

Technology for the State of New York

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA is proposing

approval of a revision to the New York

State Implementation Plan for ozone.

This revision proposes to establish and

require an emission trade between

Niagara Mohawk Power Corporation

and Champion International Paper

Corporation which will result in both

sources meeting the requirements of

Reasonably Available Control

Technology for oxides of nitrogen. The

intended effect of this proposed action

is to approve source-specific permit

conditions, requiring the sources to

trade emissions in accordance with

requirements of the Clean Air Act, and

resulting in emission reductions which

will help toward attaining the national

ambient air quality standards for ozone.

DATES: Comments must be received on

or before June 22, 1998.

ADDRESSES: All comments should be

addressed to: Ronald Borsellino, Chief,

Air Programs Branch, U.S. EPA, Region

II Office, 290 Broadway, 25th Floor,

New York, New York 10007–1866.

Copies of the state submittal and other

information are available for public

inspection during normal business

hours, by appointment, at the Air

Programs Branch, U.S. EPA, Region II

Office, 290 Broadway, 25th Floor, New

York, New York; as well as the New

York State Department of

Environmental Conservation, Division

of Air Resources, 50 Wolf Road, Albany,

New York 12233.

FOR FURTHER INFORMATION CONTACT:

Richard Ruvo, Environmental Engineer,

Air Programs Branch, U.S. EPA, Region

II Office, 290 Broadway, 25th Floor,

New York, New York 10007–1866; (212)

637–4014.

SUPPLEMENTARY INFORMATION:

I. Background

The Clean Air Act (the Act) requires

that States develop Reasonably

Available Control Technology (RACT)

regulations for all major stationary

sources of oxides of nitrogen (NOX) in

areas which have been classified as

‘‘moderate,’’ ‘‘serious,’’ ‘‘severe,’’ and

‘‘extreme,’’ ozone nonattainment areas,

and in all areas of the Ozone Transport

Region (OTR). The EPA has defined

RACT as the lowest emission limitation

that a particular source is capable of

meeting by the application of control

technology that is reasonably available

considering technological and economic

feasibility (44 FR 53762, Sept. 17, 1979).

This requirement is established by

sections 182(b)(2), 182(f), and 184(b) of

the Act. The Act’s NOX requirements are

further described in more detail in ‘‘The

General Preamble for Implementation of

Title I of the Clean Air Act

Amendments,’’ (57 FR 13498, April 16,

1992) and ‘‘The NOX Supplement to the

General Preamble’’ (57 FR 55620,

November 25, 1992).

The entire State of New York is

included in the OTR, therefore RACT

must be applied to all major stationary

sources of NOX emissions. New York

State has defined a major stationary

source for NOX as a source in the New

York City metropolitan area and the

lower Orange County metropolitan area

which has the potential to emit 25 tons

per year (TPY) and as a source in the

rest of the State which has the potential

to emit 100 TPY.

New York State adopted its NOX

RACT regulation, part 227–2, on January

19, 1994. Part 227–2, section 2.5(b)

allows for system-wide emissions

averaging as a compliance strategy. The

average must be weighted so the mass

emission rate of the units in operation

is equivalent to the mass emission rate

that would be achieved if each operating

unit individually met the applicable

RACT emission limit. Averaging may

include units owned and operated by

the same person.

II. State Submittal

On November 8, 1995, New York

proposed for comment special permit

conditions for the Niagara Mohawk

Power Corporation and the Champion

International Paper Corporation for an

emission trade to meet the NOX RACT

requirements of part 227–2. New York

approved the special permit conditions

on December 14, 1995, having received

no public comments. On April 9, 1996,

New York State submitted the special

permit conditions to EPA as a sourcespecific revision to the State

Implementation Plan (SIP) for ozone.

New York submitted additional

technical information on April 30, 1996,

October 17, 1996 and December 5, 1996.

The SIP revision was reviewed by EPA

in accordance with the completeness

criteria found at Title 40, part 51,

appendix V of the Code of Federal

Regulations. EPA determined the SIP

revision to be administratively and

technically complete in a June 4, 1996

letter to New York.

In the process of its review of the

April 9, 1996 SIP revision, EPA noted

deficiencies in the special permit

conditions. In a February 6, 1997 letter,

EPA requested New York to correct

these deficiencies, delaying review of

the SIP revision. New York re-proposed

for comment the special permit

conditions for the emission trade on

September 24, 1997. New York

approved the special permit conditions

on December 2, 1997, having received

no public comments. On February 2,

1998, New York submitted to EPA the

December 2, 1997 special permit

conditions. The February 2, 1998

submittal supplemented the original

April 9, 1996 SIP revision.

For a more detailed discussion of New

York’s SIP submittal and EPA’s

proposed action, the reader is referred to

the Technical Support Document (TSD)

which was developed as part of this

action. Copies of the TSD are found at

the previously mentioned addresses.

III. Analysis of State Submittal

A. Facility Descriptions

Niagara Mohawk Power Corporation

(NMPC) operates four fossil fuel-fired

utility plants in New York State; the
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Oswego, Albany, C.R. Huntley, and

Dunkirk Steam Stations. There are two

Titles of the Act which impose NOX

emission limits on NMPC’s fossil fuelfired generating plants. All of NMPC’s

fossil units became subject to the Title

I NOX RACT requirements as of May 31,

1995. NMPC’s coal-fired units are also

subject to the Title IV Acid Rain

requirements for NOX. However, the

Title I NOX RACT requirements

established by New York in part 227–2

are currently more restrictive on

NMPC’s units than the emission limits

established by the Title IV rules. NMPC

has developed a plan to comply with

the NOX RACT emission limits through

the installation of air pollution control

technology. In addition to these

controls, NMPC uses a system-wide

averaging scheme as a fallback to

meeting the NOX RACT requirements.

Champion International Paper

Corporation (Champion) owns and

operates two coal-fired boilers at its

paper mill in Deferiet, Jefferson County.

Under part 227–2, the two boilers are

subject to the NOX RACT emission limit

of 0.5 lbs/MMBtu (pounds per million

British Thermal Units). Stack tests

completed in October 1995 and May

1997 indicated average NOX emissions

ranging from 0.665 lbs/MMBtu to 0.893

lbs/MMBtu.

Champion determined it would be

technically infeasible for the two boilers

to meet the NOX RACT emission limit

with conventional NOX control

technologies. Champion initially

planned to meet the NOX RACT

requirements through the compliance

option of repowering. However, after

discussions with NMPC and New York,

Champion decided to achieve

compliance with RACT, as prescribed

by part 227–2, by utilizing beyondRACT emission reductions from the

NMPC system-wide averaging plan.

B. Special Permit Conditions for the

Emission Trade

New York has modified the permits

for both NMPC and Champion in order

to allow the implementation of the

emission trade. For NMPC, which is

creating the emission reductions, the

special permit conditions require

emissions of NOX to be reduced below

RACT-allowable emissions by the

amount to be traded. For Champion,

which will be using NMPC’s emission

reductions, the special permit

conditions allow emissions of NOX to be

emitted in excess of the RACT-allowable

emissions, but only by 90% of the

amount to be traded.

The special permit conditions for

NMPC, allow compliance to be

demonstrated on either a unit-by-unit

basis or on a system-wide average.

Surplus NOX reductions, in pounds, are

calculated as the difference between the

amount of NOX allowed to be emitted by

a given unit (lbs/MMBtu) and the actual

amount of NOX emitted by the unit (lbs/

MMBtu), multiplied by the actual heat

input, in MMBtu. Surplus NOX

reductions are calculated each hour for

each unit. Compliance on a daily basis

is determined by summing the surplus

NOX reductions created by each unit for

each 24-hour period. From September

16 of each year to April 30 of the

following year, compliance is based on

a 30-day rolling average (Btu-weighted).

The special permit conditions include

example spreadsheets and tables to be

used in tracking the surplus NOX

reductions for each unit and for the

entire system and demonstrating

compliance. The TSD includes a stepby-step example of an emission

averaging calculation.

The source of the data used to

calculate NMPC’s NOX emissions (lbs/

MMBtu and heat input) will be the

Continuous Emissions Monitors that

have been installed pursuant to 40 CFR

part 75. All of NMPC’s fossil fired units

are subject to the monitoring

requirements of 40 CFR part 75. NMPC

will submit quarterly compliance

reports to New York to meet the NOX

RACT reporting requirements, showing

the amount of NOX generated each hour

for each unit, and a summary of

exceedances, should they occur.

In order for NMPC to demonstrate

RACT compliance and to apply

additional surplus NOX reductions

toward RACT compliance at the

Champion Deferiet facility, NMPC will

calculate the net amount of surplus NOX

reductions that were created by the

NMPC system. The special permit

conditions also require NMPC to hold at

least 1.4 tons (2,800 pounds) of surplus

NOX reductions at the end of each 30-

day rolling period, from September 16

to April 30, inclusive. From May 1 to

September 15, NMPC must hold at least

1.3 tons (2,600 pounds) of surplus NOX

reductions at the end of each 24-hour

period. In the event that less than 1.3

tons are held from May 1 to September

15, NMPC must notify New York and

within five days must hold surplus NOX

reductions equal to the shortfall,

multiplied by 1.10. Failure to hold the

appropriate amount of surplus NOX

reductions, based on the time of the

year, is considered a violation of the

permit.

Champion’s special permit conditions

determine compliance using two

formulas, depending on the time of year.

Both formulas ensure Champion’s

boilers will not exceed 0.50 lbs/MMBtu,

by subtracting the surplus NOX

reductions received from NMPC, in

pounds, from Champion’s daily NOX

emissions, in pounds, then dividing that

by the daily heat input in MMBtu.

Compliance with the 30-day rolling

average will be determined by adding

the amount of NOX, in pounds, emitted

during the previous 29 days (minus the

amount of surplus NOX reductions

available for compliance) to the NOX

emitted during the most recently

completed day (minus the amount of

surplus NOX reductions available for

compliance that day), and dividing that

sum by the sum of the daily heat inputs

for the most recently completed 30 days.

The actual NOX emissions rate for

Champion’s boilers will be determined

through annual emissions testing as the

average of three runs at maximum load.

Such testing will be conducted using

EPA Test Method 7E, with State

oversite. Emission results will be used

to calculate NOX mass emissions for the

period following testing, not to be

applied for the previous year. Champion

must maintain records for a period of at

least five years of the (1) quantity of coal

burned each day, (2) stack test reports,

(3) daily total steam flow for each boiler,

(4) daily prorated NOX rate for the

combined boilers, and (5) records of

surplus NOX reductions, creditable

surplus NOX reductions and the 10%

set-aside.

For Champion, the amount of surplus

NOX reductions available from NMPC

for compliance is 1.3 tons or 1.4 tons

per day, depending on the time of year,

therefore the amount of surplus NOX

reductions needed for compliance will

not exceed 1.3 or 1.4 tons per day. From

May 1 to September 15, creditable

surplus NOX reductions will be

generated daily and defined as the daily

difference between the surplus NOX

reductions generated by NMPC and

those needed by Champion. In the event

NMPC is unable, on a daily basis, to

generate surplus NOX reductions

sufficient to satisfy Champion’s need,

the difference will be deducted from the

creditable surplus NOX reductions

accumulated during the previous 30-day

period. In the event NMPC notifies

Champion that surplus NOX reductions

will be unavailable for a period of 30

consecutive days or more, Champion

must submit an alternative NOX RACT

Compliance Plan to New York within 60

days. The Compliance Plan shall

include the use of any or all creditable

surplus NOX reductions to remain in

compliance with part 227–2 until

implementation of the alternative NOX

RACT Compliance Plan. The

Compliance Plan will include a plan to

comply with the provisions of part 227–
Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Proposed Rules 27899

2, a schedule for implementing RACT,

and the use of creditable surplus NOX

reductions to offset emissions during

the interim period of submittal and

implementation of the RACT plan.

The special permit conditions also

require Champion to set aside 10% of

the 497.2 TPY received from NMPC for

use by Champion as a benefit to the

environment. Therefore only 447.48

TPY will be used by Champion for

compliance purposes, while 49.72 TPY

will be retired to benefit the

environment.

The special permit conditions will

terminate if the Champion Deferiet

facility permanently shuts down or if

NMPC and Champion terminate their

agreement. The special permit

conditions will also terminate if New

York approves an alternate means for

Champion to comply with RACT, such

as, some other emission trade subject to

EPA approval, or direct compliance

with part 227–2 through the

implementation of NOX control

technologies and strategies.

C. Consistency of the Emission Trade

With Part 227–2 and EPA’s Emission

Trading Guidance Documents

The special permit conditions for

NMPC and Champion include formulas

to provide that the emission trade is on

a Btu-weighted basis. These formulas

ensure that the generation and

calculation of surplus NOX reductions

are based on the units in operation

during the compliance period. The

formulas also ensure the mass emission

rate of the units in operation is

equivalent to the mass emission rate

that would be achieved if each operating

unit individually met the applicable

RACT emission limit. The NMPC and

Champion compliance plans clearly

indicate which units at which facility

will be included with the emission

trade. Since the emission trade includes

units owned and operated by two

different persons, New York submitted

this emission average as a sourcespecific SIP revision. Lastly, the affected

facilities are located in Upstate New

York, outside of the New York City

severe nonattainment area. Therefore, it

is not necessary to include any

geographical constraints in the special

permit conditions with respect to trades

outside severe nonattainment areas,

pursuant to part 227–2, section 2.5(b).

The April 9, 1996 submittal letter

provides the evidence that New York

has the legal authority under State law

to approve and implement the

compliance plan. The special permit

conditions were processed in

accordance with part 621.14 for

inclusion in the Certificate to Operate.

New York proposed approval of the SIP

revision pursuant to part 227–2. Any

violation of the special conditions of

each source’s permit will be enforced as

prescribed by Chapter 19 of the New

York State Environmental Conservation

Law. The emission trade is enforceable

through appropriate averaging times,

test methods, compliance schedules,

and reporting and recordkeeping

requirements and is acceptable to the

Agency. To verify compliance, NMPC

and Champion are required to calculate

daily averaged NOX emissions records

and submit these records in quarterly

reports as prescribed by the special

permit conditions. These conditions

ensure compliance on a daily basis and

include data obtained exclusively

during operating hours to establish the

average daily NOX emissions.

Overall, part 227–2 provides a

compliance option for owners of

multiple affected units to choose costeffective control options to meet an

overall equivalent emission limit, in

order to comply with part 227–2.

Should a source not comply with this

provision it would constitute a violation

of part 227–2 and would subject the

source owner or operator to civil and

applicable criminal penalties. EPA

believes this is sufficient to ensure that

sources comply and should EPA have to

take enforcement action, it could use the

same provision to obtain compliance.

Since the 1970’s, EPA has developed

several emission trading programs and

guidance documents to allow industry

and States more flexibility in meeting

statutory requirements of the Act.

Overall, New York’s emission trade

between NMPC and Champion to meet

the NOX RACT requirements is

consistent with EPA’s emission trading

guidance.

EPA’s ‘‘Emissions Trading Policy

Statement’’ (51 FR 43814, December 4,

1986) provides the Agency’s historical

guidance on emission trading programs

(bubbles, netting, offsets and banking) to

allow more flexibility in meeting Act

requirements. The 1986 Policy discusses

how only emission reductions which

are surplus, quantifiable, enforceable

and permanent may be used in an

emission trade.

NMPC’s NOX emission reductions are

surplus because the formulas in the

special permit conditions are based on

the difference between the amount of

NOX allowed to be emitted by RACT

and the actual amount of NOX emitted.

Therefore, only those NOX emission

reductions below the RACT-allowable

limits are considered surplus and

available for use by Champion.

NMPC’s NOX emissions (lbs/MMBtu

and heat input) are quantifiable through

the Continuous Emissions Monitors that

have been installed pursuant to 40 CFR

part 75.

The legally-enforceable vehicles for

the emission trade are the special permit

conditions for NMPC and Champion,

approved by New York on December 2,

1997.

NMPC’s emission reductions used by

Champion are considered permanent

because NMPC’s special permit

conditions require NMPC to hold at

least 1.3 or 1.4 tons of surplus NOX

reductions depending on the time of

year. NMPC’s NOX emission reductions

are also considered permanent because

they are based on the implementation of

various control strategies.

‘‘The NOX Supplement to the General

Preamble’’ (57 FR 55620, November 25,

1992) specifies that in cases where

States adopt an areawide averaging rule

for a group of sources, the emission

limits, emission quantification methods,

and monitoring and recordkeeping

requirements applicable to each owner/

operator in the group must be clearly

specified. In addition, the rule must

specify appropriate penalties for

violation of the various requirements.

Also, SIP measures must be converted

into legally-enforceable vehicles such as

a regulation or permit. EPA’s current

thinking is to also allow trading for

other NOX source categories, either

within one facility, among several

facilities or among several emission

units at a facility.

While New York’s averaging

provision and this source-specific SIP

revision are not intended to be a generic

areawide trading rule, the Region

believes this emission trade between

NMPC and Champion is a logical

extension of the NOX Supplement. New

York’s emission trade between NMPC

and Champion is consistent with EPA’s

general guidance (NOX Supplement) on

trading to meet the NOX RACT

requirements. The legally-enforceable

vehicles for the emission trade are the

special permit conditions for NMPC and

Champion, approved by the New York

on December 2, 1997. The permits

clearly specify the emission limits,

emission quantification methods,

testing, monitoring and recordkeeping

requirements applicable to each owner/

operator in the trade. Civil and criminal

sanctions associated with a violation of

the special permit conditions are found

within Article 71 of the State regulation.

EPA’s Economic Incentive Program

(EIP) Rules (40 CFR part 51, subpart U)

contain the rules and guidance for EIP’s

that a State may choose to adopt for any

criteria pollutant, as explicitly allowed

for in the Act. The EIP rules provide an

opportunity to encourage the
27900 Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Proposed Rules

development and early implementation

of appropriate EIP’s. Since the EIP rules

and guidance are broadly applicable to

any kind of EIP, the guidance generally

covers the same type of emission trading

programs that have historically been

addressed by the Emissions Trading

Policy Statement. Therefore, trades

which fall under the Emissions Trading

Policy Statement represent one

particular model for how States could

choose to design such a program that

would be approvable under the EIP

rules.

Since the NMPC and Champion

emission trade is consistent with the

provisions of the Emissions Trading

Policy Statement, it is also consistent

with the EIP guidance. In addition to

meeting the criteria in the Emissions

Trading Policy Statement, the NMPC/

Champion emission trade provides for

additional emission reductions which

meet the ‘‘benefit-sharing’’ goal of the

EIP rules and guidance.

D. Summary

Major sources of NOX are numerous

and varied. As a result, New York has

tried to allow for some flexibility in part

227–2. Part 227–2 allows owners and

operators of multiple units to average

emissions over all the units operated,

with some appropriate restrictions. The

use of post combustion control is not

precluded for any source category. The

owner or operator of a facility may

choose to use post combustion control

as a cost-effective control strategy for a

particular application, as a means of

‘‘over control’’ for an averaging scheme

or for use in an emission offset plan.

The source-specific SIP revision

provides an innovative way for an

affected source to achieve emission

reductions (at less cost) equal to or

beyond the reductions required by NOX

RACT. As a result of the emission trade,

NMPC is required to create emission

reductions of at least 1.3 or 1.4 tons of

NOX per day. As mentioned in its

Fourth Quarter 1995 Compliance report,

NMPC holds surplus NOX reductions for

Champion of 42 tons per 30-day rolling

period (1.4 tons/day x 30 days). The

report shows NMPC’s 30-day

compliance margin ranges from 323 to

543 tons, which is well beyond the

amount to hold for Champion. For

Champion, the emission trade allows

the facility to exceed its NOX allowable

emissions, but only by the amount

traded. For example, in a worst case

scenario, emission increases by

Champion will be contemporaneously

offset by equivalent emission decreases

at NMPC. Also, without the emission

trade, Champion would have requested

a waiver from New York, which if

granted would have resulted in

emission increases greater than 1.3 or

1.4 tons per day. In addition, Champion

is required to retire 10% of the surplus

NOX reductions it receives from NMPC

as a benefit to the environment.

EPA has reviewed NMPC’s and

Champion’s applications and New

York’s source-specific SIP revision for

completeness and approvability. EPA

agrees with New York’s determination

that the emission trade between NMPC

and Champion provides an innovative

way for an affected source to achieve

emission reductions equal to or beyond

the reductions required by NOX RACT,

at less cost to industry. While this

emission trade does not constitute

traditional RACT, it does provide a

compliance option for owners of

multiple affected units to choose costeffective control options to meet an

overall emission reduction equivalent to

RACT. The permit conditions for the

emission trade serve as approved SIP

emission limits for these facilities.

Finally, EPA believes these permit

conditions address the criteria of

surplus, quantifiable, enforceable and

permanent and therefore, proposes

approval.

It should be noted that New York, the

other OTR States and EPA, are

developing future NOX trading rules

which will have broader applicability

than this source-specific SIP revision.

New York’s adoption of the OTR’s NOX

Budget Program and finalization of

EPA’s ‘‘Ozone Transport SIP Call’’ may

replace the emission trade discussed in

this proposed action, as well as

establish an overall, generic emission

trading program.

Conclusion: EPA is proposing full

approval of the source-specific permit

conditions requiring NMPC and

Champion to trade emissions to meet

the requirements of NOX RACT. EPA is

proposing approval of these special

permit conditions, as submitted by the

State of New York on April 9, 1996 and

supplemented on February 2, 1998, as

part of the SIP.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

IV. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

(OMB) has exempted this regulatory

action from review under Executive

Order 12866.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act

do not create any new requirements but

simply approve requirements that the

State is already imposing. Therefore,

because the federal SIP approval does

not impose any new requirements, I

certify that it does not have a significant

impact on any small entities affected.

Moreover, due to the nature of the

Federal-State relationship under the

CAA, preparation of a flexibility

analysis would constitute federal

inquiry into the economic

reasonableness of state action. The

Clean Air Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA,

427 U.S. 246, 255-66 (1976); 42 U.S.C.

7410(a)(2).

C. Unfunded Mandates

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 budgetary impact statement to

accompany any proposed or final rule

that includes a federal mandate that

may result in estimated annual costs to

State, local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,

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 EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action proposed does not include a

federal mandate that may result in

estimated annual costs of $100 million

or more to either State, local, or tribal
Federal Register / Vol. 63, No. 98 /Thursday, May 21, 1998 / Proposed Rules 27901

governments in the aggregate, or to the

private sector. This federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

The Regional Administrator’s

decision to approve or disapprove the

SIP revision will be based on whether

it meets the requirements of section

110(a)(2)(A)-(K) and part D of the Clean

Air Act, as amended, and EPA

regulations in 40 CFR part 51.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Nitrogen dioxide, Ozone, Reporting and

recordkeeping requirements.

Authority: 42 U.S.C. 7401–7671q.

Dated: May 13, 1998

Herbert Barrack,

Acting Regional Administrator for Policy and

Management.

[FR Doc. 98–13610 Filed 5–20–98; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 194

[FRL–6100–9]

RIN 2060–AG85

Opportunity To Comment on

Documents Used by the Department of

Energy To Certify the Rocky Flats

Environmental Technology Site To

Ship Transuranic Waste to WIPP, as

Required in: Criteria for the

Certification and Re-certification of the

Waste Isolation Pilot Plant’s

Compliance With the Disposal

Regulations: Certification Decision

AGENCY: Environmental Protection

Agency.

ACTION: Notice of availability; opening

of public comment period.

SUMMARY: The Environmental Protection

Agency (EPA) is announcing the

availability of, and soliciting public

comments for 30 days on, Department of

Energy (DOE) documents used to certify

the Rocky Flats Environmental

Technology Site (RFETS) to ship

transuranic radioactive waste to the

Waste Isolation Pilot Plant (WIPP). The

documents include: ‘‘Rocky Flats

Environmental Technology Site

Transuranic (TRU) Waste Management

Manual’’ (dated January 7, 1998) and

‘‘Rocky Flats Environmental Technology

Site Waste Isolation Pilot Plant Quality

Assurance Project Plan’’ (dated May 14,

1997). These documents are available

for review in the public dockets listed

in ADDRESSES. The EPA will be using

these documents to evaluate RFETS’s

quality assurance and waste

characterization programs and

processes. The EPA will perform an

inspection at RFETS the week of June

22–26, 1998.

DATES: EPA is requesting public

comment on these documents.

Comments must be received by EPA’s

official Air Docket on or before June 22,

1998.

ADDRESSES: Comments should be

submitted to: Docket No. A–93–02, Air

Docket, Room M–1500 (LE–131), U.S.

Environmental Protection Agency, 401

M Street, S.W., Washington, DC 20460.

The DOE documents, ‘‘Rocky Flats

Environmental Technology Site

Transuranic (TRU) Waste Management

Manual’’ (dated January 7, 1998) and

‘‘Rocky Flats Environmental Technology

Site Waste Isolation Pilot Plant Quality

Assurance Project Plan’’ (dated May 14,

1997) are available for review in the

official EPA Air Docket in Washington

DC, Docket No. A–93–02, Category X–B,

and at the following three EPA WIPP

informational docket locations in New

Mexico: in Carlsbad at the Municipal

Library, Hours: Monday–Thursday,

10am–9pm, Friday–Saturday, 10am–

6pm, and Sunday 1pm–5pm; in

Albuquerque at the Government

Publications Department, Zimmerman

Library, University of New Mexico,

Hours: Monday–Thursday, 8am–9pm,

Friday, 8am–5pm, Saturday–Sunday,

1pm–5pm; and in Santa Fe at the

Fogelson Library, College of Santa Fe,

Hours: Monday–Thursday, 8am–12am,

Friday, 8am–5pm, Saturday, 9am–5pm,

and Sunday, 1pm–9pm.

As provided in EPA’s regulations at

40 CFR Part 2, and in accordance with

normal EPA docket procedures, if

copies of any docket materials are

requested, a reasonable fee may be

charged for photocopying.

FOR FURTHER INFORMATION CONTACT:

Chuck Byrum, Office of Radiation and

Indoor Air, (505) 665–7555 or call EPA’s

24-hour toll-free WIPP Information Line,

1–800–331–WIPP.

SUPPLEMENTARY INFORMATION:

Background

The U.S. Department of Energy (DOE)

is developing the Waste Isolation Pilot

Plant (WIPP) near Carlsbad in

southeastern New Mexico as a potential

deep geologic repository for disposal of

transuranic (TRU) radioactive waste. As

defined by the WIPP Land Withdrawal

Act (LWA) of 1992, as amended (Pub. L.

No. 102–579), TRU waste consists of

materials containing elements having

atomic numbers greater than 92 (with

half-lives greater than twenty years), in

concentrations greater than 100

nanocuries of alpha-emitting TRU

isotopes per gram of waste. Most TRU

waste consists of items contaminated

during the production of nuclear

weapons, e.g., rags, equipment, tools,

and organic and inorganic sludges.

On May 13, 1998, the U.S.

Environmental Protection Agency (EPA)

announced its final compliance

certification decision to the Secretary of

Energy. This decision states that the

WIPP will comply with EPA’s

radioactive waste disposal regulations at

40 CFR Part 191 and the WIPP

Compliance Criteria at 40 CFR Part 194.

The final WIPP certification decision

includes conditions that (1) prohibit

shipment of TRU waste for disposal at

WIPP from any site other than the Los

Alamos National Laboratory (LANL)

until EPA determines that the site has

established and executed a quality

assurance program, in accordance with

§§ 194.22(a)(2)(i), 194.24(c)(3), and

194.24(c)(5) for waste characterization

activities and assumptions; and (2)

prohibit shipment of TRU waste for

disposal at WIPP from any site other

than LANL until EPA has approved, in

accordance with the approval process

set forth at § 194.8(b), the procedures

developed to comply with the waste

characterization requirements of

§ 194.24(c)(4). As part of the EPA’s

decision-making process, DOE is

required to submit to EPA appropriate

documentation used to certify each DOE

waste generator site for shipment of

transuranic radioactive waste to WIPP.

In accordance with § 194.8, EPA will

place such documentation in the official

Air Docket in Washington, D.C., and

informational dockets in the State of

New Mexico for public review and

comment.

The documents submitted to EPA

include: ‘‘Rocky Flats Environmental

Technology Site Transuranic (TRU)

Waste Management Manual’’ (dated

January 7, 1998) and ‘‘Rocky Flats

Environmental Technology Site Waste

Isolation Pilot Plant Quality Assurance

Project Plan’’ (dated May 14, 1997). The

‘‘Rocky Flats Environmental Technology

Site Transuranic (TRU) Waste

Management Manual’’ sets forth the

waste characterization procedures for

TRU wastes at Rocky Flats. The ‘‘Rocky

Flats Environmental Technology Site

Waste Isolation Pilot Plant Quality

Assurance Project Plan’’ sets forth the

quality assurance program that DOE

purports to comply with the