35124 Federal Register / Vol. 66, No. 128 / Tuesday, July 3, 2001 / Proposed Rules

DELEGATION STATUS FOR PART 63 STANDARDS—STATE OF WASHINGTON—Continued

Subpart Ecology 2 BCAA3 NWAP

A4 OAPCA5 PSCAA6 SCAPCA7 SWAPCA8 YRCAA9

XXX. Ferroalloys Production: Ferromanganese & Silicomanganese ........ X X

1General Provision authorities which may not be delegated include: §§ 63.6(g); 63.6(h)(9); 63.7(e)(2)(ii) and (f) for approval of major alternatives to test methods;

§ 63.8(f) for approval of major alternatives to monitoring; § 63.10(f); and all authorities identified in the subparts (i.e., under ‘‘Delegation of Authority’’) that cannot be

delegated. For definitions of minor, intermediate, and major alternatives to test methods and monitoring, see memorandum from John Seitz, Office of Air Quality Planning and Standards, dated July, 10, 1998, entitled, ‘‘Delegation of 40 CFR Part 63 General Provisions Authorities to State and Local Air Pollution Control Agencies.’’ 2Washington Department of Ecology (July 1, 2000)

Note: Delegation of Subpart M to Ecology applies to part 70 sources only.

3Benton Clean Air Authority (July 1, 2000)

4 Northwest Air Pollution Authority (July 1, 1999)

5Olympic Air Pollution Control Authority (July 1, 2000)

6Puget Sound Clean Air Agency (July 1, 1999)

7Spokane County Air Pollution Control Authority (July 1, 2000)

8Southwest Air Pollution Control Authority (August 1, 1998)

9Yakima Regional Clean Air Authority (July 1, 2000)

Note: Delegation of Subpart M to YRCAA applies to part 70 sources only.

10Subpart S of this part is delegated to these agencies as applies to all applicable facilities and processes as defined in 40 CFR 63.440, except kraft and sulfite

pulping mills. The Washington Department of Ecology (Ecology) retains the authority to regulate kraft and sulfite pulping mills in the State of Washington, pursuant to

Washington Administrative Code (WAC) 173–405–012 and 173–410–012. 11Subpart LL of this part cannot be delegated to any local agencies in Washington because Ecology retains the authority to regulate primary aluminum plants, pursuant to WAC 173–415–012.

Note to paragraph (a)(47): Dates in parenthesis indicate the effective date of the federal rules that have been adopted by and delegated to the state or local air pollution control agency. Therefore, any amendments made to these delegated rules after this effective date are not delegated to the agency.

[FR Doc. 01–16692 Filed 7–2–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[FRL–6996–8]

Approval of Section 112(l) Authority for

Hazardous Air Pollutants; Chemical

Accident Prevention Provisions; Risk

Management Plans; New Jersey

Department of Environmental

Protection

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: Pursuant to section 112(l) of

the Clean Air Act (CAA), the New Jersey

Department of Environmental Protection

(NJDEP) requested delegation of the

Federal Chemical Accident Prevention

Provisions promulgated by EPA under

section 112(r) of the CAA for all

stationary sources with covered

processes (subject sources) under its

jurisdiction except those having certain

specified flammable liquified petroleum

gases (LPG). This action proposes to

grant such authority. In the Rules

section of this Federal Register, EPA is

granting NJDEP the authority to

implement and enforce the Toxic

Catastrophe Prevention Act Program

rule, effective July 20, 1998, at New

Jersey Administrative Code (NJAC)

7:31–1.1 through 1.10 and NJAC 7:31–

2.1 through 8.2 in place of the Federal

Chemical Accident Prevention

Provisions for all subject sources under

NJDEP’s jurisdiction. EPA retains the

authority to regulate subject sources

having processes covered only because

they contain regulated quantities of LPG

gases regulated under the New Jersey

Liquified Petroleum Gas Act of 1950

(NJSA 21:1B). The direct final rule

explains the rationale for this approval.

EPA is taking direct final action without

prior proposal because the Agency

views this as a noncontroversial action

and anticipates no adverse comments. If

no adverse comments are received no

further activity is contemplated. If EPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. EPA will

not institute a second comment period.

Any parties interested in commenting

should do so at this time. In the spirit

of Executive Orders 13132 and 13175,

and consistent with EPA policy to

promote communications between EPA

and State, local and tribal governments,

EPA specifically solicits comments on

this proposed rule from State, local and

tribal officials.

DATES: Written comments must be

received by August 2, 2001.

ADDRESSES: Written comments should

be addressed to: Steven C. Riva, Chief,

Permitting Section, Air Programs

Branch, U. S. Environmental Protection

Agency, Region 2, 290 Broadway, New

York, New York 10007–1866, with a

copy to Ms. Shirlee Schiffman, Chief,

Bureau of Chemical Release Information

and Prevention, New Jersey Department

of Environmental Protection, P.O. Box

424, 22 South Clinton Avenue, Trenton,

New Jersey 08625–0424. Copies of the

submitted requests are available for

public review at EPA Region 2’s office

during normal business hours (docket #

A–2000–23). Any State responses to

comments must be submitted to the

Administrator within 30 days of the

close of the public comment period.

FOR FURTHER INFORMATION CONTACT:

Umesh Dholakia at (212) 637–4023

SUPPLEMENTARY INFORMATION:

Authority: This action is issued under the

authority of section 112 of the Clean Air Act,

as amended, 42 U.S.C. 7412.

Dated: May 25, 2001.

Kathleen C. Callahan,

Acting Regional Administrator, Region 2.

[FR Doc. 01–16562 Filed 7–2–01; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 63 and 264

[FRL–7002–8]

NESHAP: Standards for Hazardous Air

Pollutants for Hazardous Waste

Combustors

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to take

action on NESHAP: Standards for

Hazardous Air Pollutants for Hazardous

Waste Combustors. The revisions make

targeted amendments to the regulations

for hazardous waste burning cement

kilns, lightweight aggregate kilns, and

incinerators promulgated on September

30, 1999 (NESHAP: Final Standards for

Hazardous Air Pollutants for Hazardous

Waste Combustors). The revisions make

improvements to the implementation of

the emission standards, primarily in the

areas of compliance, testing and

monitoring. We are proposing these

revisions to make it easier to comply

with the September 30, 1999 final rule.

Federal Register / Vol. 66, No. 128 / Tuesday, July 3, 2001 / Proposed Rules 35125

In the ‘‘Rules and Regulations’’

section of the Federal Register, we are

amending the September 30, 1999 final

rule without prior proposal to

incorporate these revisions because we

view the amendments as

noncontroversial and anticipate no

adverse comment. We have explained

our reasons for this approach in the

preamble to the direct final rule. If we

receive adverse comment on a distinct

amendment, however, we will withdraw

the direct final action for that

amendment and the amendment will

not take effect. We will address all

public comments in a subsequent final

rule based on this proposed rule. We

will not institute a second comment

period on this action. Any parties

interested in commenting on any

amendment must do so at this time.

DATES: Written comments must be

received by August 17, 2001.

ADDRESSES: If you wish to comment on

this proposed rule, you must send an

original and two copies of the comments

referencing Docket Number F–2001–

RC4P–FFFFF to: RCRA Information

Center (RIC), Office of Solid Waste

(5305G), U.S. Environmental Protection

Agency Headquarters (EPA HQ), Ariel

Rios Building, 1200 Pennsylvania

Avenue, NW., Washington, DC 20460–

0002; or, (2) if using special delivery,

such as overnight express service: RIC,

Crystal Gateway One, 1235 Jefferson

Davis Highway, First Floor, Arlington,

VA 22202. You may also submit

comments electronically following the

directions in the SUPPLEMENTARY

INFORMATION section below.

You may view public comments and

supporting materials in the RIC. The RIC

is open from 9 am to 4 pm Monday

through Friday, excluding Federal

holidays. To review docket materials,

we recommend that you make an

appointment by calling 703–603–9230.

You may copy up to 100 pages from any

regulatory document at no charge.

Additional copies cost $ 0.15 per page.

For information on accessing an

electronic copy of the data base, see the

SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: For

general information, call the RCRA Call

Center at 1–800–424–9346 or TDD 1–

800–553–7672 (hearing impaired).

Callers within the Washington

Metropolitan Area must dial 703–412–

9810 or TDD 703–412–3323 (hearing

impaired). The RCRA Call Center is

open Monday–Friday, 9 am to 4 pm,

Eastern Standard Time. For more

information on specific aspects of this

proposed rule, contact Mr. Frank Behan

at 703–308–8476, behan.frank@epa.gov,

or write him at the Office of Solid

Waste, 5302W, U.S. EPA, Ariel Rios

Building, 1200 Pennsylvania Avenue,

NW., Washington, DC 20460.

SUPPLEMENTARY INFORMATION: This

document concerns NESHAP: Standards

for Hazardous Air Pollutants for

Hazardous Waste Combustors. For

further information, please see the

information provided in the direct final

action that is located in the ‘‘Rules and

Regulations’’ section of this Federal

Register publication.

Submittal of Comments

You may submit comments

electronically by sending electronic

mail through the Internet to: rcradocket@epamail.epa.gov. You should

identify comments in electronic format

with the docket number F–2001–RC4P–

FFFFF. You must submit all electronic

comments as an ASCII (text) file,

avoiding the use of special characters or

any type of encryption. The official

record for this action will be kept in the

paper form. Accordingly, we will

transfer all comments received

electronically into paper form and place

them in the official record which will

also include all comments submitted

directly in writing. The official record is

the paper record maintained at the RIC

as described above. We may seek

clarification of electronic comments that

are garbled in transmission or during

conversion to paper form.

You should not electronically submit

any confidential business information

(CBI). You must submit an original and

two copies of CBI under separate cover

to: RCRA CBI Document Control Officer,

Office of Solid Waste (5305W), U.S.

EPA, Ariel Rios Building, 1200

Pennsylvania Avenue, NW.,

Washington, DC 20460.

If you do not submit comments

electronically, we are asking prospective

commenters to voluntarily submit one

additional copy of their comments on

labeled personal computer diskettes in

ASCII (text) format or a word processing

format that can be converted to ASCII

(text). It is essential that you specify on

the disk label the word processing

software and version/edition as well as

the commenter’s name. This will allow

us to convert the comments into one of

the word processing formats used by the

Agency. Please use mailing envelopes

designed to protect the diskettes. We

emphasize that submission of diskettes

is not mandatory, nor will it result in

any advantage or disadvantage to any

commenter.

I. Description of Proposed Amendments

Today’s notice proposes specific

changes to the NESHAP: Final

Standards for Hazardous Air Pollutants

for Hazardous Waste Combustors (Phase

I) rule, published September 30, 1999

(64 FR 52828). After promulgation,

commenters (primarily the regulated

community) raised numerous issues

through informal comments and during

litigation settlement discussions. After

considering the issues raised, we have

decided to propose for comment a

limited number of changes to the Phase

I final rule, most of the proposed

changes relating to compliance and

implementation of the rule.

In the ‘‘Rules and Regulations’’

section of the Federal Register, we are

amending the September 30, 1999 final

rule without prior proposal to

incorporate these revisions because we

view the amendments as

noncontroversial and anticipate no

adverse comment. We have explained

our reasons for this approach in the

preamble to the direct final rule, and do

not believe it necessary to repeat those

discussions here. If we receive adverse

comment on a distinct amendment, we

will withdraw the direct final action for

that amendment and the amendment

will not take effect. We will address all

public comments in a subsequent final

rule based on this proposed rule. We

will not institute a second comment

period on this action. Any parties

interested in commenting on any

amendment must do so at this time.

For further information, please see the

‘‘Rules and Regulations’’ section of

today’s Federal Register publication.

II. How Can I Influence EPA’s Thinking

on This Rule?

In developing this rule, we tried to

address the concerns of all our

stakeholders. Your comments will help

us improve this rule. We invite you to

provide different views on options we

propose, new approaches we haven’t

considered, new data, how this rule may

effect you, or other relevant information.

We welcome your views on all aspects

of this rule. Your comments will be

most effective if you follow the

suggestions below:

• Explain your views as clearly as

possible and why you feel that way.

• Provide solid technical and cost

data to support your views.

• If you estimate potential costs,

explain how you arrived at the estimate.

• Tell us which parts you support, as

well as those you disagree with.

• Provide specific examples to

illustrate your concerns. Offer specific

alternatives.

• Refer your comments to specific

sections of the proposal, such as the

units or page numbers of the preamble,

or the regulatory sections.

35126 Federal Register / Vol. 66, No. 128 / Tuesday, July 3, 2001 / Proposed Rules

• Make sure to submit your

comments by the deadline in this

notice.

• Be sure to include the name, date,

and docket number with your

comments.

List of Subjects

40 CFR Part 63

Air pollution control, Hazardous

substances, Reporting and

recordkeeping requirements.

40 CFR Part 264

Air pollution control, Environmental

Protection Agency, Hazardous waste,

Insurance, Packaging and containers,

Reporting and recordkeeping

requirements, Security measures, Surety

bonds.

Dated: June 18, 2001.

Christine Todd Whitman,

Administrator.

[FR Doc. 01–16427 Filed 7–2–01; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 63, 264, 265, 266, and 270

[FRL–7001–9]

RIN 2050–AE79

NESHAP: Standards for Hazardous Air

Pollutants for Hazardous Waste

Combustors—Proposed Amendments

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: Under the Clean Air Act

(CAA), EPA established new emissions

standards for hazardous waste burning

cement kilns, lightweight aggregate

kilns, and incinerators on September 30,

1999 (NESHAP: Final Standards for

Hazardous Air Pollutants for Hazardous

Waste Combustors). Following

promulgation of this final rule, the

regulated community, through informal

comments and through litigation, raised

numerous issues related to specific

requirements of the final rule. In

response to relevant concerns, we are

proposing and taking comment on

certain targeted changes to the final

rule. These regulatory changes do not

propose to amend the numerical

emission standards, but rather focus on

improvements to the implementation of

the emission standards, primarily in the

areas of compliance, testing and

monitoring.

DATES: Comments must be submitted by

August 17, 2001.

ADDRESSES: If you wish to comment on

this proposed rule, you must send an

original and two copies of the comments

referencing Docket Number F–2001–

RC5P–FFFFF to: RCRA Information

Center (RIC), Office of Solid Waste

(5305G), U.S. Environmental Protection

Agency Headquarters (EPA HQ), Ariel

Rios Building, 1200 Pennsylvania

Avenue, NW, Washington, D.C. 20460–

0002; or, (2) if using special delivery,

such as overnight express service: RIC,

Crystal Gateway One, 1235 Jefferson

Davis Highway, First Floor, Arlington,

VA 22202. You may also submit

comments electronically following the

directions in the SUPPLEMENTARY

INFORMATION section below.

You may view public comments and

supporting materials in the RIC. The RIC

is open from 9 am to 4 pm Monday

through Friday, excluding Federal

holidays. To review docket materials,

we recommend that you make an

appointment by calling 703–603–9230.

You may copy up to 100 pages from any

regulatory document at no charge.

Additional copies cost $ 0.15 per page.

For information on accessing an

electronic copy of the data base, see the

SUPPLEMENTARY INFORMATION section.

FOR FURTHER INFORMATION CONTACT: For

general information, call the RCRA Call

Center at 1–800–424–9346 or TDD 1–

800–553–7672 (hearing impaired).

Callers within the Washington

Metropolitan Area must dial 703–412–

9810 or TDD 703–412–3323 (hearing

impaired). The RCRA Call Center is

open Monday–Friday, 9 am to 4 pm,

Eastern Standard Time. For more

information on specific aspects of this

proposed rule, contact Mr. Frank Behan

at 703–308–8476, behan.frank@epa.gov,

or write him at the Office of Solid

Waste, 5302W, U.S. EPA, Ariel Rios

Building, 1200 Pennsylvania Avenue,

NW, Washington, D.C. 20460.

SUPPLEMENTARY INFORMATION:

Submittal of Comments

You may submit comments

electronically by sending electronic

mail through the Internet to: rcradocket@epamail.epa.gov. You should

identify comments in electronic format

with the docket number F–2001–RC5P–

FFFFF. You must submit all electronic

comments as an ASCII (text) file,

avoiding the use of special characters or

any type of encryption. The official

record for this action will be kept in the

paper form. Accordingly, we will

transfer all comments received

electronically into paper form and place

them in the official record which will

also include all comments submitted

directly in writing. The official record is

the paper record maintained at the RIC

as described above. We may seek

clarification of electronic comments that

are garbled in transmission or during

conversion to paper form.

You should not electronically submit

any confidential business information

(CBI). You must submit an original and

two copies of CBI under separate cover

to: RCRA CBI Document Control Officer,

Office of Solid Waste (5305W), U.S.

EPA, Ariel Rios Building, 1200

Pennsylvania Avenue, NW, Washington,

D.C. 20460.

If you do not submit comments

electronically, we are asking prospective

commenters to voluntarily submit one

additional copy of their comments on

labeled personal computer diskettes in

ASCII (text) format or a word processing

format that can be converted to ASCII

(text). It is essential that you specify on

the disk label the word processing

software and version/edition as well as

the commenter’s name. This will allow

us to convert the comments into one of

the word processing formats used by the

Agency. Please use mailing envelopes

designed to protect the diskettes. We

emphasize that submission of diskettes

is not mandatory, nor will it result in

any advantage or disadvantage to any

commenter.

Acronyms Used in the Rule

APCD—Air pollution control device

ASME—American Society of

Mechanical Engineers

CAA—Clean Air Act

CEMS—Continuous emissions

monitors/monitoring system

COMS—Continuous opacity monitoring

system

CFR—Code of Federal Regulations

DOC—Documentation of Compliance

DRE—Destruction and removal

efficiency

dscf—Dry standard cubic feet

dscm—Dry standard cubic meter

EPA/USEPA—United States

Environmental Protection Agency

gr—Grains

HAP—Hazardous air pollutant

HWC—Hazardous waste combustor

MACT—Maximum Achievable Control

Technology

NESHAP—National Emission Standards

for HAPs

ng—Nanograms

NIC—Notice of Intent to Comply

NOC—Notification of compliance

OPL—Operating parameter limit

PM—Particulate matter

POHC—Principal organic hazardous

constituent

ppmv—Parts per million by volume

RCRA—Resource Conservation and

Recovery Act

TEQ—Toxicity equivalence