[Federal Register Volume 66, Number 231 (Friday, November 30, 2001)]
[Rules and Regulations]
[Pages 59711-59713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29774]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[IL210-1a; FRL-7111-1]
Approval and Promulgation of State Implementation Plans; Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving a negative declaration submitted by the
State of Illinois which indicates there is no need for regulations
covering existing Small Municipal Waste Combustors (MWC) in the State
of Illinois. The State's negative declaration regarding this category
of sources was submitted in a letter dated June 25, 2001, and was based
on a systematic search of records and permits. This search resulted in
the determination that there are no affected small MWC units in
Illinois.
DATES: This rule is effective on January 29, 2002, unless EPA receives
adverse written comments by December 31, 2001. If adverse comment is
received, EPA will publish a timely withdrawal of the rule in the
Federal Register and inform the public that the rule will not take
effect.
ADDRESSES: Written comments should be sent to: J. Elmer Bortzer, Chief,
Regulation Development Section, Air Programs Branch (AR-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604.
A copy of the negative declaration is available for inspection at
the U.S. Environmental Protection Agency, Region 5, Air and Radiation
Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. (Please
telephone John Paskevicz at (312) 886-6084 before visiting the Region 5
Office.)
FOR FURTHER INFORMATION CONTACT: John Paskevicz, Environmental
Engineer, Regulation Development Section, Air Programs Branch (AR-18J),
EPA, Region 5, Chicago, Illinois 60604, (312) 886-6084.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'',
``us'', or ``our'' is used we mean EPA.
Table of Contents
I. What is the background for this action?
II. Negative declarations and their justification.
III. EPA review of Illinois' negative declaration.
IV. Administrative Requirements.
[[Page 59712]]
I. What is the Background for This Action?
In December 2000, the EPA finalized two rules for new and existing
commercial and industrial solid waste incinerator (CISWI) units and
small MWC units. These rules were promulgated based on section 111(d)
and section 129 of the Clean Air Act (Act) Amendments of 1990. The
Federal rules include emission guidelines for existing units and
standards of performance for new, modified or reconstructed sources.
The rules for small MWC units were published in the Federal Register on
December 6, 2000, (65 FR 76378) under 40 CFR part 60, subpart BBBB
(Emission Guidelines for Small Municipal Waste Combustion Units.) Rules
for new sources of small MWC were published in the Federal Register on
December 6, 2000, (65 FR 76350) under 40 CFR part 60, subpart AAAA (New
Source Performance Standards for New Small Municipal Waste Combustion
Units). The regulatory text and other background information for these
final rulemakings can be accessed electronically from the EPA
Technology Transfer Network website. For small MWC the web site address
is: http://www.epa.gov/ttn/atw/129/mwc/rimwc2.html.
Provisions of sections 111(d) and 129 require States to either
develop plans to control emissions from small MWC or to report that
there are no facilities in the State as described in the federal rule.
States in which a designated existing facility is operating a small MWC
shall submit to EPA a plan to implement and enforce the emission
guidelines or submit a negative declaration letter. Section 129
requires that the State plan be at least as protective as the emission
guidelines and must provide for compliance by the affected facilities
no later than 3 years after EPA approves the State plan, but no later
than 5 years after EPA promulgates the emission guidelines. Sections
111(d) and 129 also require EPA to develop, implement and enforce a
Federal Implementation Plan if a State fails to submit an approvable
State plan. The small MWC plan must address regulatory applicability,
increments of progress for retrofit, operator training and
certification, operating practices, emission limits, continuous
emission monitoring, stack testing, record keeping, and reporting, and
requirements for air curtain combustors. States are required to follow
the requirements of 40 CFR part 60, subpart B regarding the adoption
and submittal of State plans for designated facilities.
In addition to the publication of the emission guidelines document,
EPA notified each of the States of the requirements listed in the rule.
On February 23, 2001, EPA, Region 5 asked Illinois to provide
information so EPA could determine if the State was required to develop
and submit the required plan. Prompted by this letter, the State began
a detailed review of its permit system and other databases to ascertain
the status of small MWC facilities.
II. Negative Declarations and Their Justification
The EPA does not require States to develop plans or regulations to
control emissions from sources for which there are none present in the
State (40 CFR 62.06). If it is thought that this might be the case, the
State carefully examines its emissions inventory and operating permits
before initiating the planning and regulation development process. If a
careful examination of the emissions inventory finds no sources for a
particular source category, then the State prepares and submits to EPA
a negative declaration stating there are no sources in the State for
that source category. This is done in lieu of submitting a control
strategy.
On June 25, 2001, the State of Illinois submitted to EPA a negative
declaration regarding the need for a regulation covering small MWC. The
Illinois Environmental Protection Agency (IEPA) evaluated the
applicability criteria in the final emission guidelines (subpart BBBB
60.1550 through 60.1565) and searched the standard industrial
classification codes (SIC) 4953 and 9511. These source types were used
as typical examples of potentially affected sources as we reported in
65 FR 76378. The State also included, in its search, other unspecified
types of potentially affected sources which are not classified with
SICs. These are referenced by their source classification codes as
solid waste disposal by incineration.
The search resulted in a preliminary list of 437 sources of
potentially affected incinerator units in the State. IEPA then examined
the permit information for each of the incinerator or combustor units
for type of waste, maximum operating rate and capabilities. None of the
units exceeded the 35 tons per day cut off capacity for municipal solid
waste. The IEPA concluded that there were no affected small MWC units
in Illinois.
This conclusion is consistent with the conclusion drawn by EPA in
its nation-wide inventory of small MWC. In its review, EPA did not find
any small MWC sources in Illinois. (65 FR 76382)
III. EPA Review of Illinois' Negative Declaration
EPA has examined the State's negative declaration regarding the
lack of need for a regulation controlling emissions from small MWCs.
EPA agrees there are no unregulated small incinerators in Illinois
which would require the adoption of rules to control this source
category. If a new source chooses to locate in this area, it would be
required to comply with new source review requirements published for
small MWC on December 6, 2000 (65 FR 76350). If, at a later date, an
existing small MWC unit is identified in the State, a Federal
Implementation Plan implementing the emission guidelines contained in
Subpart BBBB will automatically apply to that MWC unit until the
State's plan is approved.
EPA is publishing this action without prior proposal because EPA
views this as a noncontroversial revision and anticipates no adverse
comments. However, in a separate document in this Federal Register
publication, EPA is proposing to approve the State negative declaration
should adverse written comments be filed. This action will be effective
without further notice unless EPA receives relevant adverse written
comment by December 31, 2001. Should EPA receive such comments, it will
publish a final rule informing the public that this action will not
take effect. Any parties interested in commenting on this action should
do so at this time. If no comments are received, the public is advised
that this action will be effective on January 29, 2002.
IV. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. This action
merely approves state law as meeting federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves Illinois' declaration that there are no small MWC's
located in Illinois which would be subject to an MWC regulation if one
were adopted. Therefore, the State does not need to adopt a MWC
regulation. Any new MWC's built in Illinois will be subject to New
Source Performance Standards. Because this
[[Page 59713]]
rule approves state negative declarations and does not impose any
additional enforceable duty, it does not contain any unfunded mandate
or significantly or uniquely affect small governments, as described in
the Unfunded Mandates Reform Act of 1995 (Public Law 104-4). This rule
also does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000), nor will it have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely approves a state declaration that a rule implementing
a federal standard, is unnecessary and does not alter the relationship
or the distribution of power and responsibilities established in the
Clean Air Act. This rule also is not subject to Executive Order 13045
(62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing
this rule, EPA has taken the necessary steps to eliminate drafting
errors and ambiguity, minimize potential litigation, and provide a
clear legal standard for affected conduct. EPA has complied with
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the
takings implications of the rule in accordance with the AAttorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings@ issued under the executive order.
This rule does not impose an information collection burden under the
provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
The Congressional Review Act, 5 U.S.C. section 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 of the United States. 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.
section 804(2). This rule will be effective January 29, 2002 unless EPA
receives adverse written comments by December 31, 2001.
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 29, 2002. 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, Reporting and
recordkeeping requirements.
Dated: November 14, 2001.
Norman Niedergang,
Acting Deputy Regional Administrator, Region 5.
For the reasons stated in the preamble, 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 et seq.
Subpart O--Illinois
2. A new center heading and Sec. 62.3335 are added to read as
follows:
EMISSIONS FROM SMALL MUNICIPAL WASTE COMBUSTION UNITS WITH THE CAPACITY
TO COMBUST AT LEAST 35 TONS PER DAY OF MUNICIPAL SOLID WASTE BUT NO
MORE THAN 250 TONS PER DAY OF MUNICIPAL SOLID WASTE AND COMMENCED
CONSTRUCTION ON OR BEFORE AUGUST 30, 1999
Sec. 62.3335 Identification of plan--negative declaration.
On June 25, 2001, the State of Illinois certified to the
satisfaction of the United States Environmental Protection Agency that
no major sources categorized as small Municipal Waste Combustors are
located in the State of Illinois.
[FR Doc. 01-29774 Filed 11-29-01; 8:45 am]
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