[Federal Register Volume 67, Number 214 (Tuesday, November 5, 2002)]
[Rules and Regulations]
[Pages 67316-67317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28079]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[MS-200301(a); FRL-7404-2]
Approval and Promulgation of State Plan for Designated Facilities
and Pollutants; State of Mississippi
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving the small Municipal Waste Combustion (MWC)
units section 111(d) negative declaration submitted by the State of
Mississippi. This negative declaration certifies that small MWC units
subject to the requirements of section 111(d) and 129 of the Clean Air
Act (CAA) do not exist in Mississippi.
DATE: This direct final rule will be effective January 6, 2003 unless
EPA receives adverse comments by December 5, 2002. If adverse comments
are received, EPA will publish a timely withdrawal of the direct final
rule in the Federal Register informing the public that the rule will
not take effect.
ADDRESSES: Comments may be mailed to Joydeb Majumder, EPA Region 4, Air
Toxics and Monitoring Branch, Sam Nunn Atlanta Federal Center, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960.
Copies of documents relative to this action are available for
public inspectioin during normal business hours at the above-listed
Region 4 location. The interested person wanting to examine this
document should make an appointment with the office at least 24 hours
in advance.
FOR FURTHER INFORMATION CONTACT: Joydeb Majumder at (404) 562-9121 or
Michele Notarianni at (404) 562-9031.
SUPPLEMENTARY INFORMATION: 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(d) for new sources
of the same type, and EPA has established emissions 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 CAA,
but emissions of which are subject to a standard of performance for new
stationary sources.
The emissions guidelines for small MWC units were originally
promulgated in December 1995 but were vacated by the U.S. Court of
Appeals for the District of Columbia Circuit in March 1997. In response
to the 1997 vacature, on August 30, 1999, EPA proposed to reestablish
emission guidelines for small MWC units. On December 6, 2000 (65 FR
76378), EPA finalized the section 111(d) emission guidelines for
existing small MWC units. The emission guidelines contained in this
final rule are equivalent to the 1995 emission guidelines for small MWC
units. The emission guidelines are codified at 40 CFR part 60, subpart
BBBB.
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 CFR
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 designated pollutant. However, 40
CFR 62.06 provides that if there are no existing sources of the
designated pollutants 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. Please note that if EPA
receives adverse comment on an amendment, paragraph, or section of this
rule and if that provision may be severed from the remainder of the
rule, EPA may adopt as final those provisions of the rule that are not
the subject of an adverse comment.
Final Action
The State of Mississippi has determined there is no existing source
in the state of Mississippi subject to the small MWC units emission
guidelines. Consequently, the state of Mississippi has submitted a
letter of negative declaration certifying this fact. We are taking
final action to approve this negative declaration.
The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective January 6, 2003
without further notice unless the Agency receives adverse comments by
December 5, 2002.
If the EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on January 6, 2003 and no
further action will be taken on the proposed rule.
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. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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
[[Page 67317]]
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 pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
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). This action also does not have Federalism
implications because it does not 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). This action merely approves a state rule
implementing a Federal standard, 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
``Protection of Children from Environmental Health Risks and Safety
Risks'' (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. 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).
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 6, 2003. 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 40 CFR Part 62
Environmental protection, Air pollution control, Municipal waste
combustion units, Nitrogen dioxide, Particulate matter, Sulfur oxides.
Dated: October 24, 2002.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
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 Z--Mississippi
2. Subpart Z is amended by adding an undesignated center heading
and Sec. 62.6126 to read as follows:
AIR EMISSIONS FROM SMALL EXISTING MUNICIPAL WASTE COMBUSTION UNITS
Sec. 62.6126 Identification of plan--negative declaration.
Letter from the Mississippi Department of Environmental Quality
submitted March 27, 2002, certifying that there are no small municipal
waste combustion units subject to 40 CFR part 60, subpart BBBB.
[FR Doc. 02-28079 Filed 11-4-02; 8:45 am]
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