[Federal Register Volume 61, Number 116 (Friday, June 14, 1996)]
[Rules and Regulations]
[Pages 30162-30163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15187]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 51

[FRL-5520-1]


Control of Air Pollution; Removal and Modification of Obsolete, 
Superfluous or Burdensome Rules

AGENCY: Environmental Protection Agency.

ACTION: Revision of direct final rule.

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SUMMARY: On April 11, 1996, EPA published a direct final rule under the 
Clean Air Act deleting superfluous, obsolete or burdensome regulations 
from the Code of Federal Regulations (CFR). This action was published 
without prior proposal because EPA anticipated no adverse comment. 
Because EPA received adverse comments on a few discrete portions of 
this action, EPA is withdrawing those aspects the final rule. EPA will 
address all public comments received on those portions in a subsequent 
final rule based on the proposed rule also published on April 11, 1996.

EFFECTIVE DATE: June 14, 1996.

FOR FURTHER INFORMATION CONTACT: Maureen Delaney, Office of Air and 
Radiation, Office of Policy Analysis and Review, (202) 260-7431.

SUPPLEMENTARY INFORMATION: On April 11, 1996, EPA published a final 
rule to delete numerous obsolete, superfluous or burdensome rules from 
the CFR (61 FR 16050). Among the rules to be deleted were 40 CFR 
51.100(o), definition of reasonably available control technology 
(RACT); Sec. 51.101, stipulations; Sec. 51.110(g), attainment and 
maintenance of national standards; and Sec. 51.213, transportation 
control measures. EPA promulgated this direct final rulemaking without 
prior proposal because the Agency viewed it as non-controversial and 
anticipated no adverse comments. The final rule was published in the 
Federal Register with a provision for a 30-day comment period. At the 
same time, EPA published a proposed rule which announced that in the 
event that adverse comments were submitted to EPA within 30 days of 
publication of the rule in the Federal Register (61 FR 16068), those 
portions of the final rule that were the subject of those comments 
would convert to a proposed rule through EPA's publishing a notice 
announcing withdrawal of those provisions.
    EPA received adverse comment within the prescribed comment period 
on the following rules: 40 CFR 51.100(o), 51.101, 51.110(g) and 51.213. 
Therefore, EPA is withdrawing the April 11, 1996 final rulemaking 
action pertaining to those rules. EPA will not institute a second 
comment period on this document. The portions of the April 11, 1996 
rule that were not the subject of adverse comments remain final and 
effective as published.

List of Subjects in 40 CFR Part 51

    Environmental protection, Air pollution control.

    Dated: June 6, 1996.
Carol M. Browner,
Administrator.

PART 51--[AMENDED]

    40 CFR part 51 is amended as follows:
    1. The authority citation for part 51 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

    2. Section 51.100 is amended by adding paragraph (o) to read as 
follows:


Sec. 51.100  Definitions.

* * * * *
    (o) Reasonably available control technology (RACT) means devices, 
systems, process modifications, or other apparatus or techniques that 
are reasonably available taking into account:
    (1) The necessity of imposing such controls in order to attain and 
maintain a national ambient air quality standard;

[[Page 30163]]

    (2) The social, environmental, and economic impact of such 
controls; and
    (3) Alternative means of providing for attainment and maintenance 
of such standard, (This provision defines RACT for the purposes of 
Secs. 51.110(c)(2) and 51.341(b) only.)
* * * * *
    3. Section 51.101 is added to read as follows:


Sec. 51.101  Stipulations.

    Nothing in this part will be construed in any manner:
    (a) To encourage a State to prepare, adopt, or submit a plan which 
does not provide for the protection and enhancement of air quality so 
as to promote the public health and welfare and productive capacity.
    (b) To encourage a State to adopt any particular control strategy 
without taking into consideration the cost-effectiveness of such 
control strategy in relation to that of alternative control strategies.
    (c) To preclude a State from employing techniques other than those 
specified in this part for purposes of estimating air quality or 
demonstrating the adequacy of a control strategy, provided that such 
other techniques are shown to be adequate and appropriate for such 
purposes.
    (d) To encourage a State to prepare, adopt, or submit a plan 
without taking into consideration the social and economic impact of the 
control strategy set forth in such plan, including, but not limited to, 
impact on availability of fuels, energy, transportation, and 
employment.
    (e) To preclude a State from preparing, adopting, or submitting a 
plan which provides for attainment and maintenance of a national 
standard through the application of a control strategy not specifically 
identified or described in this part.
    (f) To preclude a State or political subdivision thereof from 
adopting or enforcing any emission limitations or other measures or 
combinations thereof to attain and maintain air quality better than 
that required by a national standard.
    (g) To encourage a State to adopt a control strategy uniformly 
applicable throughout a region unless there is no satisfactory 
alternative way of providing for attainment and maintenance of a 
national standard throughout such region.
    4. Section 51.110 is amended by adding and reserving paragraphs (c) 
through (f) and by adding paragraph (g) to read as follows:


Sec. 51.110  Attainment and maintenance of national standards.

* * * * *
    (g) During developing of the plan, EPA encourages States to 
identify alternative control strategies, as well as the costs and 
benefits of each such alternative for attainment or maintenance of the 
national standard.
    5. Section 51.213 is added to read as follows:


Sec. 51.213  Transportation control measures.

    (a) The plan must contain procedures for obtaining and maintaining 
data on actual emissions reductions achieved as a result of 
implementing transportation control measures.
    (b) In the case of measures based on traffic flow changes or 
reductions in vehicle use, the data must include observed changes in 
vehicle miles traveled and average speeds.
    (c) The data must be maintained in such a way as to facilitate 
comparison of the planned and actual efficacy of the transportation 
control measures.

[FR Doc. 96-15187 Filed 6-13-96; 8:45 am]
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