[Federal Register Volume 62, Number 149 (Monday, August 4, 1997)]
[Rules and Regulations]
[Pages 41872-41874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20475]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[FRL-5868-3]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; States of Iowa, Kansas, Missouri, and
Nebraska
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: On December 19, 1995, the EPA promulgated Clean Air Act (CAA)
section 111(d)/129 emission guidelines for existing Municipal Waste
Combustors (MWC) with the capacity to combust in aggregate greater than
35 megagrams (Mg) per day of municipal solid waste (MSW). Section
111(d) requires that states with designated facilities subject to these
emission guidelines submit to the EPA plans to control the designated
pollutants addressed in the guidelines. If no designated facility is
located within a state, the state may submit a letter of certification
to that effect, i.e., a negative declaration, in lieu of a plan. The
EPA has received negative declarations from Iowa, Kansas, Missouri, and
Nebraska regarding designated facilities in their states. Today the EPA
is taking action to approve those negative declarations.
DATES: This action is effective October 3, 1997, unless by September 3,
1997, adverse or critical comments are received.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the:
Environmental Protection Agency, Air Planning and Development Branch,
726 Minnesota Avenue, Kansas City, Kansas 66101.
FOR FURTHER INFORMATION CONTACT: Aaron J. Worstell at (913) 551-7787.
SUPPLEMENTARY INFORMATION:
I. Background
Section 111(d) of the CAA requires states to submit plans to
control certain pollutants (designated pollutants) at existing
facilities (designated facilities) whenever standards of performance
have been established under section 111(b) for new sources of the same
type, and the EPA has established emission guidelines for such existing
sources. A designated pollutant is any pollutant for which no air
quality criteria have been issued, and which is not included on a list
published under section 108(a) or section 112(b)(1)(A) of the Act, but
emissions of which are subject to a standard of performance for new
stationary sources.
On February 11, 1991, the EPA promulgated section 111(d) emission
guidelines for existing MWC (56 FR 5523). The emission guidelines were
codified at 40 CFR 60 subpart Ca and applied to existing MWC units with
the capacity to combust greater than 225 Mg per day of MSW. Section 129
of the Act, added by the 1990 Amendments, required that these emission
guidelines be revised to: (1) reflect maximum available control
technology; (2) specify guideline emission levels for additional
pollutants; and (3) apply to MWC with capacities less than 225 Mg per
day of MSW. Accordingly, the EPA, on December 19, 1995, promulgated
emission guidelines that meet both the requirement of section 111(d)
and section 129 of the CAA. These emission guidelines were codified at
40 CFR 60 subpart Cb, replacing subpart Ca. The subpart Cb emission
guidelines apply to existing MWC plants with aggregate charging
capacities greater than 35 Mg per day of MSW and establish the
[[Page 41873]]
emission limits for MWC metals, MWC acid gases, MWC organics, and MWC
nitrogen oxides. Refer to 60 FR 65415 for a complete discussion of
subpart Cb.
Subpart B of 40 CFR part 60 establishes procedures to be followed
and requirements to be met in the development and submission of state
plans for controlling designated pollutants. Part 62 of the Code of
Federal Regulations provides the procedural framework for the
submission of these plans. When designated facilities are located in a
state, a state must develop and submit a plan for the control of the
designated pollutant. However, 40 CFR 62.06 provides that if there are
no existing sources of the designated pollutant in the state, the state
may submit a letter of certification to that effect, or negative
declaration, in lieu of a plan. The negative declaration exempts the
state from the requirements of subpart B for that designated pollutant.
II. Final Action
The EPA is taking final action to approve the negative declarations
submitted by the states of Iowa, Kansas, Missouri, and Nebraska.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve this action
should adverse or critical comments be filed. This action is effective
October 3, 1997, unless, by September 3, 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 document that will
withdraw the final action. All public comments received will then 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 is effective October 3, 1997.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request relating to
revision to any 111(d) plan. Each request 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 has exempted this regulatory
action from Executive Order 12866 review.
B. Regulatory Flexibility Act
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., the
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, the 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. I hereby certify that approval of these negative declarations
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, the 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
private sector, of $100 million or more. Under section 205, the 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 the EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
The 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
negative declarations in lieu of regulatory plans, 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, the 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 this 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by October 3, 1997. 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, Air pollution control, Municipal waste
incinerators, Nitrogen dioxide, Particulate matter, and Sulfur oxides.
Authority: 42 U.S.C. 7401-7671q.
Dated: July 11, 1997.
Dennis Grams, P.E.,
Regional Administrator.
Part 62, Chapter I, title 40 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. 7401-7671q.
Subpart Q--Iowa
2. Subpart Q is amended by adding an undesignated center heading
and paragraph Sec. 62.3912 to read as follows:
Emissions from Existing Municipal Waste Combustors With the
Capacity to Burn Greater than 35 Megagrams Per Day of Municipal
Solid Waste
Sec. 62.3912 Identification of plan-negative declaration.
Letter from the Iowa Department of Natural Resources submitted
December 27, 1996, certifying that there are no municipal waste
combustors in the state of Iowa subject to part 60, subpart Cb of this
chapter.
[[Page 41874]]
Subpart R--Kansas
3. Subpart R is amended by adding an undesignated center heading
and paragraph Sec. 62.4177 to read as follows:
Emissions From Existing Municipal Waste Combustors With the
Capacity To Burn Greater than 35 Megagrams Per Day of Municipal
Solid Waste
Sec. 62.4177 Identification of plan--negative declaration.
Letter from the Kansas Department of Health submitted April 26
1996, certifying that there are no municipal waste combustors in the
state of Kansas subject to part 60, subpart Cb of this chapter.
Subpart AA--Missouri
4. Subpart AA is amended by adding an undesignated center heading
and paragraph Sec. 62.6356 to read as follows:
Emissions From Existing Municipal Waste Combustors With the
Capacity To Burn Greater than 35 Megagrams Per Day of Municipal
Solid Waste
Sec. 62.6356 Identification of plan--negative declaration.
Letter from the Air Pollution Control Program of the Department of
Natural Resources submitted June 3, 1996, certifying that there are no
municipal waste combustors in the state of Missouri subject to part 60,
subpart Cb of this chapter.
Subpart CC--Nebraska
5. Subpart CC is amended by adding an undesignated center heading
and paragraph Sec. 62.6912 to read as follows:
Emissions From Existing Municipal Waste Combustors With the
Capacity To Burn Greater than 35 Megagrams Per Day of Municipal
Solid Waste
Sec. 62.6912 Identification of plan--negative declaration.
Letter from the Air Quality Section of the Nebraska Department of
Environmental Quality submitted May 13, 1996, certifying that there are
no municipal waste combustors in the state of Nebraska subject to part
60, subpart Cb of this chapter.
[FR Doc. 97-20475 Filed 8-1-97; 8:45 am]
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