[Federal Register Volume 67, Number 71 (Friday, April 12, 2002)]
[Rules and Regulations]
[Pages 17944-17946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8825]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[RI 044-6991a; FRL-7170-1]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants: Rhode Island; Negative Declarations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving the sections 111(d)/129 negative declarations
submitted by the Rhode Island Department of Environmental Management
(DEM) on January 8, 2002. These negative declarations adequately
certify that there are no existing commercial and industrial solid
waste incineration units (CISWIs) or small municipal waste combustors
(MWCs) located within the boundaries of the state of Rhode Island. EPA
publishes regulations under sections 111(d) and 129 of the Clean Air
Act requiring states to submit control plans to EPA. These state
control plans show how states intend to control the emissions of
designated pollutants from designated facilities (e.g., CISWIs). The
state of Rhode Island submitted these negative declarations in lieu of
a state control plan.
DATES: This direct final rule is effective on June 11, 2002 without
further notice unless EPA receives significant adverse comment by May
13, 2002. If EPA receives adverse comment, we will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: You should address your written comments to: Mr. Steven
Rapp, Chief, Air Permit Programs Unit, Office of Ecosystem Protection,
U.S. EPA, One Congress Street, Suite 1100 (CAP), Boston, MA 02114-2023.
Copies of the documents relevant to this action are available for
public inspection during normal business hours, by appointment at the
Office of Ecosystem Protection, U.S. Environmental Protection Agency,
Region I, One Congress Street, 11th floor, Boston, MA.
FOR FURTHER INFORMATION CONTACT: John J. Courcier, (617) 918-1659.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What action is EPA taking today?
II. What is the origin of the requirements?
III. When did the requirements first become known?
IV. When did Rhode Island submit its negative declarations?
V. Administrative Requirements
I. What Action Is EPA Taking Today?
EPA is approving the negative declarations of air emissions from
CISWI and small MWC units submitted by the state of Rhode Island.
EPA is publishing these negative declarations without prior
proposal because the Agency views this as a noncontroversial amendment
and anticipates no adverse comments. However, in the proposed rules
section of this Federal Register, EPA is publishing a separate document
that will serve as the proposal to approve these negative declarations
should relevant adverse comments be filed. If EPA receives no
significant adverse comment by May 13, 2002 this action will be
effective June 11, 2002.
If EPA receives significant adverse comments by the above date, we
will withdraw this action before the effective date by publishing a
subsequent document in the Federal Register that will withdraw this
final action. EPA will address all public comments received in a
subsequent final rule based on the parallel proposed rule published in
today's Federal Register. 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 EPA receives no comments, this
action will be effective June 11, 2002.
II. What Is the Origin of the Requirements?
Under section 111(d) of the Clean Air Act, EPA published
regulations at 40 CFR part 60, subpart B which require states to submit
plans to control emissions of designated pollutants from designated
facilities. In the event that a state does not have a particular
designated facility located within its boundaries, EPA requires that a
negative declaration be submitted in lieu of a control plan.
III. When Did the Requirements First Become Known?
On November 30, 1999 (64 FR 67092) and August 30, 1999 (64 FR
47276), EPA proposed emission guidelines for CISWI units and small
MWCs, respectively. These separate actions enabled EPA to list CISWI
units and small MWCs as designated facilities. EPA specified
particulate matter, opacity, sulfur dioxide, hydrogen chloride, oxides
of nitrogen, carbon monoxide, lead, cadmium, mercury, and dioxins/
furans as designated pollutants for each category by proposing emission
guidelines for existing CISWI units and small MWCs. These guidelines
were published in final form on December 1, 2000 (65 FR 75362) and
December 6, 2000, respectively.
IV. When Did Rhode Island Submit Its Negative Declarations?
On January 8, 2002, the Rhode Island Department of Environmental
Management (DEM) submitted a letter certifying that there are no
existing CISWI units and no small MWCs subject to 40 CFR part 60,
subpart B. Section 111(d) and 40 CFR 62.06 provide that when no such
designated facilities exist within a state's boundaries, the affected
state may submit a letter of ``negative declaration'' instead of a
control plan. EPA is publishing these negative declarations at 40 CFR
62.9970 and 62.9980, respectively.
[[Page 17945]]
V. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''
B. Executive Order 13132
Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that 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.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation.
This final rule will 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.
Thus, the requirements of section 6 of the Executive Order do not apply
to this rule.
C. Executive Order 13045
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
Executive Order 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.
This rule is not subject to Executive Order 13045 because it does
not involve decisions intended to mitigate environmental health or
safety risks that EPA has reason to believe may have a disproportionate
effect on children.
D. Executive Order 13175
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
This final rule does not have tribal implications. It will not have
substantial direct effects on tribal governments, 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 in Executive Order 13175.
Today's action does not create any new requirements on any entity
affected by this State Plan. Thus, the action will not significantly or
uniquely affect the communities of Indian tribal governments. Thus,
Executive Order 13175 does 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.
Negative declaration approvals under section 111(d) of the Clean
Air Act do not create any new requirements on any entity affected by
this rule, including small entities. Furthermore, in developing the
CISWI and small MWC emission guidelines and standards, EPA prepared a
written statements pursuant to the Regulatory Flexibility Act which it
published in the respective 1999 proposal notices (see 64 FR 67100 and
64 FR 47243). In accordance with EPA's determination in issuing the
2000 CISWI and small MWC emission guidelines, these negative
declaration approvals do no include any new requirements that will have
a significant economic impact on a substantial number of small
entities.
Therefore, because this approval does not impose any new
requirements and pursuant to section 605(b) of the Regulatory
Flexibility Act, the Regional Administrator certifies that this rule
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 this approval action 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 imposes no new requirements.
Accordingly, no additional costs to State, local, or tribal
governments, or to the private sector, result from this action. Thus,
this action is not subject to the requirements of sections 202, 203,
204, and 205 of the Unfunded Mandates Act.
G. Submission to Congress and the General Accounting Office
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
[[Page 17946]]
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.
Section 804, however, exempts from section 801 the following types of
rules: rules of particular applicability; rules relating to agency
management or personnel; and rules of agency organization, procedure,
or practice that do not substantially affect the rights or obligations
of non-agency parties. 5 U.S.C. 804(3). EPA is not required to submit a
rule report regarding today's action under section 801 because this
negative declaration does not substantially affect the rights or
obligations of non-agency parties.
H. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
In approving or disapproving negative declarations under section
129 of the Clean Air Act, EPA does not have the authority to revise or
rewrite the State's rule, so the Agency does not have authority to
require the use of particular voluntary consensus standards.
Accordingly, EPA has not sought to identify or require the State to use
voluntary consensus standards. Therefore, the requirements of the NTTAA
are not applicable to this final rule.
I. Executive Order 13211 (Energy Effects)
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866.
J. 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 May 13, 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), 42
U.S.C. 7607(b)(2)). EPA encourages interested parties to comment in
response to the proposed rule rather than petition for judicial review,
unless the objection arises after the comment period allowed for in the
proposal.
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements, Sulfur oxides, Waste treatment and
disposal.
Dated: April 3, 2002.
Robert W. Varney,
Regional Administrator, EPA New England.
40 CFR Part 62 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 OO--Rhode Island
2. Subpart OO is amended by adding a new Sec. 62.9970 and a new
undesignated center heading to read as follows:
Air Emissions From Existing Commercial and Industrial Solid Waste
Incineration Units
Sec. 62.9970 Identification of plan--negative declaration.
On January 8, 2002, the Rhode Island Department of Environmental
Management submitted a letter certifying that there are no existing
commercial and industrial solid waste incineration units in the state
subject to the emission guidelines under part 60, subpart DDDD of this
chapter.
3. Subpart OO is also amended by adding a new Sec. 62.9980 and a
new undesignated center heading to read as follows:
Air Emissions From Existing Municipal Waste Combustors With the
Capacity To Combust at Least 35 Tons Per Day But No More Than 250 Tons
Per Day of Municipal Solid Waste
Sec. 62.9980 Identification of plan--negative declaration.
On January 8, 2002, the Rhode Island Department of Environmental
Management submitted a letter certifying that there are no existing
small municipal waste combustors in the state subject to the emission
guidelines under part 60, subpart BBBB of this chapter.
[FR Doc. 02-8825 Filed 4-11-02; 8:45 am]
BILLING CODE 6560-50-P