[Federal Register Volume 64, Number 146 (Friday, July 30, 1999)]
[Rules and Regulations]
[Pages 41291-41294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19431]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[Docket# WA-1-0001; FRL-6408-6]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants: Washington
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The United States Environmental Protection Agency (EPA)
approves the sections 111(d)/129 State Plan submitted by the State of
Washington, Department of Ecology (WADOE) on January 4, 1999, for
implementing and enforcing the Emissions Guidelines (EG) applicable to
existing large 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 action is effective on September 28,1999 unless
significant, material, and adverse comments are received by August 30,
1999. If significant, material, and adverse comments are received by
the above date, this direct final rule will be withdrawn, and timely
notice will be published in the Federal Register.
ADDRESSES: Written comments should be addressed to: Catherine Woo,
Office of Air Quality (OAQ-107), EPA, 1200 Sixth Avenue, Seattle,
Washington 98101.
Documents which are incorporated by reference are available for
public inspection at the Air and Radiation Docket and Information
Center, Environmental Protection Agency, 401 M Street, SW, Washington,
DC 20460. Copies of materials related to this action may be examined
during normal business hours. The interested persons wanting to examine
these documents should make an appointment with the appropriate office
at least 24 hours before the day of the visit. These documents can be
viewed at: EPA, Region 10, Office of Air Quality, 1200 Sixth Avenue
(OAQ-107), Seattle, Washington 98101, and at Washington State
Department of Ecology, P.O. Box 47600, Olympia, Washington 98504-7600.
FOR FURTHER INFORMATION CONTACT: Catherine Woo, Office of Air Quality
(OAQ-107), EPA, Seattle, Washington 98101,(206) 553-1814.
SUPPLEMENTARY INFORMATION:
I. What action is being taken by EPA today?
[[Page 41292]]
II. Why do we need to regulate MWCs emissions?
III. What is a State Plan?
IV. What does the Washington State Plan contain?
V. Is my MWC subject to these regulations?
VI. What steps do I need to take?
VII. Administrative Requirements.
I. What Action Is Being Taken by the EPA Today?
We are approving the Washington State Plan, as submitted on January
4, 1999, for the control of air emissions from large MWC's, except for
those large MWCs located in Indian Country. When we developed our New
Source Performance Standards (NSPS) for large MWC's, we also developed
an EG to control air emissions from older, existing MWC's. See 60 FR
65387 (December 19, 1995), and as subsequently amended, 62 FR 45116 and
45124 (August 25, 1997). The WDOE developed a State Plan, as required
by sections 111(d)/129 of the Clean Air Act (the Act), 42 U.S.C.
4211(d)/ 4229, to adopt the EG into their body of regulations, and we
are acting today to approve it.
This approval action will supercede the requirements of the EPA's
Federal Plan, developed for sources in States which did not have an
approved State Plan by December 19, 1996. In the review of the State of
Washington's Plan, EPA determined that the requirements were at least
as protective as the emission guidelines as well as the requirements
promulgated into 40 CFR part 60, subpart FFF, which is the Federal Plan
for Large Municipal Waste Combustors. As of the effective date of this
action, September 28, 1999, the Federal Plan will no longer apply to
the sources in the State of Washington. Sources must comply with the
requirements found within this State Plan.
We are publishing this action without prior proposal because we
view this as a noncontroversial approval and anticipate no adverse
comments. However, in a separate document in this Federal Register
publication, we are proposing to approve the revision, should
significant, material and adverse comments be filed. This action is
effective September 28, 1999, unless we received any significant,
material or adverse comments by August 30, 1999. If we receive such
comments, this action will be withdrawn before the effective date by
publishing a subsequent document that will withdraw the final action.
All public comments received will be addressed in a subsequent final
rule based on the proposed rule. We will not institute a second comment
period on this action. Any parties interested in commenting on this
action should do so at this time.
II. Why Do We Need To Regulate MWC Emissions?
When burned, municipal waste emits various air pollutants,
including dioxin/furan, sulfur dioxide, hydrogen chloride and toxic
metals (lead, cadmium and mercury.) Mercury is highly hazardous and is
of particular concern because it persists in the environment and
bioaccumulates through our food sources. Serious developmental effects
in humans, primarily damage to the nervous system, have been associated
with exposures to mercury.
Exposure to particulate matter has been linked with adverse health
effects, including aggravation of existing respiratory and
cardiovascular disease and increased risk of premature death.
Hydrochloric acid is a clear colorless gas. Chronic exposure to
hydrochloric acid has been reported to cause gastritis, chronic
bronchitis, dermatitis, and photosensitization.
Exposure to dioxin and furan can cause skin disorders, cancer, and
reproductive effects such as endometriosis. These pollutants can also
affect the immune system.
For a more detailed background related to the hazards of exposure
to the air emissions from large MWC's, contact the EPA's Office of Air
Quality Planning and Standards, Research Triangle Park, North Carolina,
27711.
III. What Is a State Plan?
Sections 111(d)/129 of the Act require that pollutants controlled
under the NSPS must also be controlled at older, existing sources in
the same source categories. Section 129 of the Act provides additional
requirements for incineration sources. Once an NSPS is promulgated for
a specific source category, we then publish an EG applicable to the
control of the same pollutants from the existing (designated)
facilities. States with designated facilities must then develop a State
Plan to adopt the EG into their body of regulations. States must also
include in this State Plan other elements, such as emission
inventories, legal authority, and public participation documentation,
and demonstration of the ability to enforce the State Plan.
IV. What Does the Washington State Plan Contain?
The WADOE submitted regulations, as promulgated by the Spokane
County Air Pollution Control Agency (SCAPCA) and adopted into State
regulations on June 4, 1999. The WADOE adopted and submitted local
regulations, because there is only one identified existing source for
this specific category. This designated source, located in Spokane,
Washington, is directly regulated by the local authority, SCAPCA. When
the State adopted the local regulation, these requirements also became
State-enforceable. Any additional existing designated sources
identified at a later date must also comply with the requirements of
the SCAPCA rule, as adopted by the State, unless the State revises its
regulation and resubmits its revised State Plan to the EPA for
approval. The Washington State Plan contains:
1. A demonstration of the State's legal authority to implement the
section 111(d) State Plan;
2. SCAPCA rule, Regulation I, section 6.17 (Amending WSR 98-01-
037), as adopted by reference by WADOE;
3. An inventory of the known, designated facility, along with
estimates of their toxic air emissions;
4. Emission limits that are as protective as the EG;
5. A compliance date 1 year from the date of SCAPCA's rule
effective date;
6. Testing, monitoring, reporting and recordkeeping requirements
for the designated facility;
7. Records from the public hearing; and
8. Provisions for progress report to EPA.
The Washington State Plan was reviewed for approval against the
following criteria: 40 CFR 60.23 through 60.26, subpart B--Adoption and
Submittal of State Plans for Designated Facilities; and, 40 CFR 60.30b
through 60.39b, subpart Cb--Emission Guidelines and Compliance Times
for Municipal Waste Combustors. Based upon our review of the
submission, EPA has determined that the Washington State Plan for
existing large MWC's satisfies all the requirements for section 111(d)
of the Clean Air Act approval. Accordingly, we are approving this State
Plan. A detailed discussion of our evaluation of the Washington State
Plan is included in our technical support document, located in the
official file for this action.
V. Is My MWC Subject to These Regulations?
The EG for existing MWCs affect any MWC built on or before
September 20, 1994 and which combust at least 250 tons of municipal
solid waste a day. If your facility meets this criterion, you are
subject to these regulations.
VI. What Steps Do I Need To Take?
If you are a designated source, as defined under 40 CFR part 60,
subpart
[[Page 41293]]
Cb, you must comply with the all the requirements as adopted under
SCAPCA regulations, section 6.17. In general, you must comply with all
the requirements of regulations listed within the State Plan within one
year from the date we approve it; however, there are provisions to
extend your compliance date. See 40 CFR 60.39b.
VII. Administrative Requirements
A. Executive Order 12866
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator
for Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
B. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a State, local or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, E.O. 12875 requires EPA to provide to the OMB a description
of the extent of EPA's prior consultation with representatives of
affected State, local and tribal governments, the nature of their
concerns, copies of any written communications from the governments,
and a statement supporting the need to issue the regulation. In
addition, E.O. 12875 requires EPA to develop an effective process
permitting elected officials and other representatives of State, local
and tribal governments ``to provide meaningful and timely input in the
development of regulatory proposals containing significant unfunded
mandates.''
Today's rule does not create a mandate on State, local, or tribal
governments. The rule does not impose any enforceable rules on any of
these entities. This action does not create any new requirements but
simply approves requirements that the State is already imposing.
Accordingly, the requirements of section 1(a) of E.O. 12875 do not
apply to this rule.
C. Executive Order 13045
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that: (1) Is determined to be ``economically
significant'' as defined under E.O. 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
The EPA interprets E.O. 13045 as applying only to those regulatory
actions that are based on health or safety risks, such that the
analysis required under section 5-501 of the Order has the potential to
influence the regulation. This final rule is not subject to E.O. 13045
because it approves a State program.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, E.O. 13084 requires EPA to
provide to the OMB, in a separately identified section of the preamble
to the rule, a description of the extent of EPA's prior consultation
with representatives of affected tribal governments, a summary of the
nature of their concerns, and a statement supporting the need to issue
the regulation. In addition, E.O. 13084 requires EPA to develop an
effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. This action does not involve
or impose any requirements that affect Indian tribes. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.
E. 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.
F. 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 on 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.
G. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General
[[Page 41294]]
of the United States. The EPA will submit 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 United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major'' rule as defined by 5 U.S.C.
804(2). This rule will be effective September 28, 1999.
H. 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 September 28, 1999. 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), 42
U.S.C. 7607(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: July 19, 1999.
Randall F. Smith,
Acting Regional Administrator, Region 10.
Note: Incorporation by reference of the Implementation Plan for
the State of Washington was approved by the Director of the Office
of Federal Register on July 1, 1982.
40 CFR Part 62 of the Code of Federal Regulations is amended as
follows:
1. The authority citation for Part 62 continues to read as follows:
Authority: 42 U.S.C. 7401-7642.
Subpart WW--Washington
2. Sections 62.11860 and 62.11870 are added, along with
undesignated centerheads, to subpart WW, reading as follows:
Plans for the Control of Designated Pollutants From Existing
Facilities (Section 111(d) Plan)
Sec. 62.11860 Identification of Plan.
(a) Identification of Plan. Washington State Designated Facility
Plan (Section 111(d) Plan).
(b) The plan was officially submitted as follows:
(1) Control of metals, acid gases, organic compounds and nitrogen
oxide emissions from existing municipal waste combustors was submitted
by State of Washington Department of Ecology on January 4, 1999.
(2) RESERVED.
(c) Designated Facilities. The plan applies to existing facilities
in the following category of sources:
(1) Existing municipal waste combustors.
(2) [RESERVED]
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. 62.11870 Identification of sources.
The plan applies to existing facilities at the following municipal
waste combustor sites:
(1) Spokane Regional Solid Waste System, Spokane, WA.
(2) [RESERVED]
[FR Doc. 99-19431 Filed 7-29-99; 8:45 am]
BILLING CODE 6560-50-P
