[Federal Register Volume 62, Number 219 (Thursday, November 13, 1997)]
[Rules and Regulations]
[Pages 60785-60787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29860]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[FL-70-1-9738a; FRL-5920-3]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants: Florida
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving the Sections 111(d)/129 State Plan submitted
by Florida on November 18, 1996, for implementing and enforcing the
Emissions Guidelines (EG) applicable to
[[Page 60786]]
existing Municipal Waste Combustors (MWCs) with capacity to combust
more than 250 tons/day of municipal solid waste (MSW). See 40 CFR part
60, subpart Cb.
DATES: This final rule is effective January 12, 1998 unless significant
material, and adverse comments are received by December 15, 1997. If
the effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Written comments on this action should be addressed to Joey
LeVasseur at the Environmental Protection Agency, Region 4, Air
Planning Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303-3104.
Copies of materials submitted to EPA may be examined during normal
business hours at the following locations: EPA Region 4, Atlanta
Federal Center, 61 Forsyth Street, SW, Atlanta, Georgia 30303-3104, and
at Florida Department of Environmental Protection, Air Resources
Management Division, Twin Towers Office Building, 2600 Blair Stone
Road, Tallahassee, Florida 32399-2400.
FOR FURTHER INFORMATION CONTACT: Scott Davis at 404/562-9127 or Joey
LeVasseur at 404/562-9035.
SUPPLEMENTARY INFORMATION:
I. Background
On December 19, 1995, pursuant to sections 111 and 129 of the Clean
Air Act (Act), EPA promulgated new source performance standards (NSPS)
applicable to new MWCs and EG applicable to existing MWCs. The NSPS and
EG are codified at 40 CFR part 60, Subparts Eb and Cb, respectively.
See 60 FR 65387. Subparts Cb and Eb regulate the following: particulate
matter, opacity, sulfur dioxide, hydrogen chloride, oxides of nitrogen,
carbon monoxide, lead, cadmium, mercury, and dioxins and dibenzofurans.
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 capacity to combust less than or equal to 250 tons/
day of MSW (small MWCs), 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 Eb and Cb apply only to MWC units with individual
capacity to combust more than 250 tons/day of municipal solid waste
(large MWC units).
Under section 129 of the Act, emission guidelines are not Federally
enforceable. Section 129(b)(2) of the Act requires States to submit to
EPA for approval State Plans that implement and enforce the emission
guidelines. State Plans must be at least as protective as the emission
guidelines, and become Federally enforceable upon approval by EPA. The
procedures for adoption and submittal of State Plans are codified in 40
CFR Part 60, Subpart B. EPA originally promulgated the Subpart B
provisions on November 17, 1975. EPA amended Subpart B on December 19,
1995, to allow the subparts developed under section 129 to include
specifications that supersede the general provisions in Subpart B
regarding the schedule for submittal of State Plans, the stringency of
the emission limitations, and the compliance schedules. See 60 FR
65414.
This action approves the State Plan submitted by Florida to
implement and enforce Subpart Cb, as it applies to large MWC units
only.
II. Discussion
The Florida Department of Environmental Protection (FDEP) submitted
to EPA the following in their 111(d)/129 State Plan for implementing
and enforcing the emission guidelines for existing MWCs in the State:
Legal Authority; Enforceable Mechanisms; Inventory of MWC Units;
Emission Inventory; Compliance Schedules and Closure Agreements;
Testing, Monitoring, Recordkeeping and Reporting; Annual State Progress
Reports; and applicable State regulations (Rules 62-204.800(8), 62-
296.416, and 62-296.401(6) of the Florida Administrative Code) on
November 18, 1996. FDEP submitted its plan before the Court of Appeals
vacated Subpart Cb as it applies to small MWC units. Thus, FDEP's plan
covers both large and small MWC units. As a result of the Davis
decision and subsequent vacatur order, there are no emission guidelines
promulgated under sections 111 and 129 that apply to small MWC units.
Accordingly, EPA's review and approval of FDEP's State Plan for MWCs
addresses only those parts of FDEP's Plan which affect large MWC units.
Small units are not subject to the requirements of the Federal Rule and
not part of this approval. Until EPA again promulgates emission
guidelines for small MWC units, EPA has no authority under section
129(b)(2) of the Act to review and approve State Plans applying state
rules to small MWC units.
The approval of FDEP's State Plan is based on finding that: (1)
FDEP provided adequate public notice of public hearings for the
proposed rulemaking which allows Florida to implement and enforce the
EG for large MWCs, and (2) FDEP also demonstrated legal authority to
adopt emission standards and compliance schedules applicable to the
designated facilities; enforce applicable laws, regulations, standards
and compliance schedules; seek injunctive relief; obtain information
necessary to determine compliance; require recordkeeping; conduct
inspections and tests; require the use of monitors; require emission
reports of owners and operators; and make emission data publicly
available.
In Sections 2.1, 2.2, and 2.3 of the State Plan, FDEP cites all
emission standards and limitations for the major pollutant categories
related to the designated sites and facilities. These standards and
limitations in Rules 62-204.800(8) and 62-296.416 are approved as being
at least as protective as the Federal requirements contained in Subpart
Cb for existing large MWC units.
Florida submitted compliance schedules and legally enforceable
increments of progress and, where applicable, closure agreements for
each large MWC. This portion of the State Plan (Section 5.0) has been
reviewed and approved as being at least as protective as Federal
requirements for existing large MWC units.
Florida's Plan includes its legal authority to require owners and
operators of designated facilities to maintain records and report to
the State the nature and amount of emissions and any other information
that may be necessary to enable the State to judge the compliance
status of the facilities. Florida also cites its legal authority to
provide for periodic inspection and testing and provisions for making
reports of MWC emissions data, correlated with emission standards that
apply, available to the general public. Florida submitted Rule 62-
204.800(8)(b) F.A.C. to support the requirements of monitoring,
reporting, and compliance assurance. These State rules have been
reviewed and approved as meeting Federal requirements for existing
large MWC units.
As stated in Section 8.0 of the State Plan, Florida plans to
provide progress reports of plan updates on an annual basis in
conjunction with the required annual reports pursuant to 40 CFR section
51.321. This meets the minimum requirement for State reporting and is
approved.
Final Action
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse
[[Page 60787]]
comments. However, in a separate document in this Federal Register
publication, the EPA is proposing to approve the revision should
significant, material, and adverse comments be filed. This action will
be effective January 12, 1998 unless, by December 15, 1997, adverse or
critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent notice that will
withdraw the final action. All public comments received will be
addressed in a subsequent final rule based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective January 12, 1998.
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.
III. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
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.
Pursuant to section 605(b) of the Regulatory Flexibility Act, I
certify that this rule will not have a significant economic impact on a
substantial number of small entities. This Federal action approves pre-
existing requirements under Federal, State or local law, and imposes no
new requirements on any entity affected by this rule, including small
entities. Therefore, these amendments will not have a significant
impact on a substantial number of small entities.
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
costs to State, local, or tribal governments in the aggregate, or to
the 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 promulgated does 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. 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.
D. 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, EPA submitted a report
containing this 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 the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 12, 1998. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review, nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Municipal waste
combustors, Reporting and recordkeeping requirements.
Dated: October 14, 1997.
A. Stanley Meiburg,
Acting Regional Administrator.
40 CFR part 62 of the Code of Federal Regulations is amended as
follows:
PART 62--[AMENDED]
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401-7642.
Subpart K--Florida
2. Part 62.2350 is amended by adding paragraphs (b)(5) and (c)(3)
to read as follows:
Sec. 62.2350 Identification of plan.
* * * * *
(b) * * *
(5) Control of metals, acid gases, organic compounds and nitrogen
oxide emissions from existing municipal waste combustors was submitted
by the Florida Department of Environmental Protection on November 18,
1996.
(c) * * *
(3) Existing municipal waste combustors.
3. Subpart K is amended by adding a new Sec. 62.2355 and a new
undesignated center heading to read as follows:
Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From
Existing Municipal Waste Combustors With the Capacity To Combust
Greater Than 250 Tons Per Day of Municipal Solid Waste
Sec. 62.2355 Identification of sources.
The plan applies to existing facilities with a municipal waste
combustor (MWC) unit capacity greater than 250 tons per day of
municipal solid waste (MSW).
[FR Doc. 97-29860 Filed 11-12-97; 8:45 am]
BILLING CODE 6560-50-P
