[Federal Register Volume 70, Number 42 (Friday, March 4, 2005)]
[Rules and Regulations]
[Pages 10490-10493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4271]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[R03-OAR-2005-PA-0001; FRL-7880-4]
Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants, Commonwealth of Pennsylvania;
Delegation of Authority
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving delegation of the Federal plan for commercial
and industrial solid waste incinerator (CISWI) units to both the
Pennsylvania Department of Environmental Protection (PADEP) and the
Allegheny County Health Department (ACHD). The Federal plan establishes
maximum achievable control technology (MACT) emission limits,
monitoring, operating, and recordkeeping requirements for CISWI units
for which construction commenced on or before November 30, 1999. PADEP
and the ACHD representatives have signed separate, but similar,
Memorandum of Agreements (MOA) which act as the mechanism for the
transfer of EPA authority to the respective air pollution control
agencies. The MOA defines policies, responsibilities, and procedures by
which the Federal plan will be administered by the PADEP, and the ACHD
on behalf of EPA.
DATES: This rule is effective May 3, 2005, without further notice,
unless EPA receives adverse written comment by April 4, 2005. If EPA
receives such comments, it 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: Submit your comments, identified by Regional Material in
EDocket (RME) ID Number R03-OAR-2005-PA-0001 by one of the following
methods:
A. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
B. Agency Web site: http://www.docket.epa.gov/rmepub/ RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Follow the on-line instructions for submitting
comments.
C. E-mail: http://[email protected].
D. Mail: R03-OAR-2005-PA-0001, Walter Wilkie, Chief, Air Quality
Analysis, Mailcode 3AP22, U.S. Environmental Protection Agency, Region
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
E. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to RME ID No. R03-OAR-2005-PA-
0001. EPA's policy is that all comments received will be included in
the public docket without change, and may be made available online at
http://www.docket.epa.gov/rmepub/, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through RME, regulations.gov
or e-mail. The EPA RME and the Federal regulations.gov Web sites are an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through RME or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
RME index at http://www.docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on
[[Page 10491]]
the Internet and will be publicly available only in hard copy form.
Publicly available docket materials are available either electronically
in RME or in hard copy during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the PADEP
submittal are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality, P.O. Box 8468, 400 Market Street,
Harrisburg, Pennsylvania 17105. Copies of the ACHD submittal are
available at the Allegheny County Health Department, 3333 Forbes
Avenue, Pittsburgh, Pennsylvania 15213.
FOR FURTHER INFORMATION CONTACT: James B. Topsale, P.E., at (215) 814-
2190, or by e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Sections 111(d) and 129 of the Clean Air Act (the ``Act'') require
states to submit plans to control certain pollutants (designated
pollutants) at existing solid waste combustor facilities (designated
facilities) whenever standards of performance have been established
under section 111(b) for new sources of the same type, and EPA has
established emission guidelines (EG) 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. Also, section 129 of the Act, also requires EPA to promulgate
EG for solid waste combustion units that emit a mixture of air
pollutants. These pollutants include organics (dioxins/furans), carbon
monoxide, metals (cadmium, lead, mercury), acid gases (hydrogen
chloride, sulfur dioxide, and nitrogen oxides) and particulate matter
(including opacity). On December 1, 2000 (65 FR 75338), EPA promulgated
new source performance standards and EG for CISWI units, 40 CFR part
60, subparts CCCC and DDDD, respectively. The designated facility to
which the EG apply is each existing CISWI unit, as stipulated in
subpart DDDD, that commenced construction on or before November 30,
1999. See, 40 CFR 60.2550 for details. State plan requirements must be
``at least as protective'' as the EG, and federally-enforceable upon
approval by EPA. The procedures for adoption and submittal of State
plans are codified in 40 CFR part 60, subpart B. For states that fail
to submit a plan, EPA is required to develop and implement a Federal
plan within two years following promulgation of the EG. EPA
implementation and enforcement of the Federal plan is viewed as an
interim measure until States assume their role as the preferred
implementers of the EG requirements stipulated in the Federal plan.
Accordingly, EPA encourages States to either use the Federal plan as a
template to reduce the effort needed to develop their own plan, or to
simply request delegation of the Federal plan, as the PADEP and the
ACHD have done.
II. Submittal and Review of Requests for Delegation by the Federal Plan
A. PADEP--On April 16, 2004, the PADEP requested delegation of
authority from EPA to implement and enforce the Federal plan for
existing CISWI units, codified at 40 CFR part 62, subpart III. The
scope of the request includes all affected facilities within the
geographical area of the Commonwealth of Pennsylvania, except Allegheny
and Philadelphia counties. The ACHD has submitted a separate delegation
request to EPA, as noted above, and the City of Philadelphia has
submitted a negative declaration that no CISWI units exist within the
City of Philadelphia.
Under EPA's Delegation Manual, item 7-139, the Regional
Administrator is authorized to delegate implementation and enforcement
of section 111(d)/129 Federal plans to State air pollution control
agencies. The requirements and limitations of a delegation agreement
are defined in item 7-139. Consistent with the requirements of the
Delegation Manual, on October 14, 2004, EPA prepared and signed a MOA
between the EPA and the PADEP that defines policies, responsibilities,
and procedures pursuant to the Federal plan and the related 40 CFR 60
Subpart DDDD (Emission Guidelines), by which the Federal plan will be
administered by both agencies. Subsequently, on November 24, 2004,
Kathleen A. McGinty, Secretary, PADEP, signed the MOA, thus agreeing to
the terms and conditions of the MOA and accepting responsibility for
implementation and enforcement of the policies and procedures of the
Federal plan, except for certain authorities (e.g., extension of the
final compliance date and major revisions to source test methods)
retained by EPA.
B. ACHD--On April 21, 2004, the ACHD requested delegation of
authority from EPA to implement and enforce the Federal plan for
existing CISWI units. As noted above, the scope of the request includes
only the geographical area of Allegheny County.
Consistent with the requirements of the Delegation Manual, on
October 14, 2004, EPA prepared and signed a MOA between the EPA and the
ACHD that defines policies, responsibilities, and procedures pursuant
to the Federal plan and related EG. Subsequently, on October 19, 2004,
Dr. Bruce W. Dixon, Director, ACHD, signed the MOA, thus agreeing to
the terms and conditions of the MOA and accepting responsibility for
implementation and enforcement of the policies and procedures of the
Federal plan, except for certain authorities (e.g., extension of the
final compliance date and major revisions to source test methods)
retained by EPA.
III. Final Action
Pursuant to EPA's Delegation Manual and the Federal plan preamble,
section VI, Implementation of the Federal Plan and Delegation, EPA is
approving the requests of the PADEP and the ACHD for delegation of
authority to implement and enforce the Federal plan and to adhere to
the terms and conditions of the respective MOAs. While both the PADEP
and the ACHD are delegated the authority to implement and enforce the
Federal plan in their respective air pollution control jurisdictions,
nothing in the delegation agreements shall prohibit EPA from enforcing
sections 111(d) and 129 requirements of the Act or the Federal plan for
CISWI units.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. This action simply reflects an already existing
Federal requirement for state air pollution control agencies and
existing CISWI units that are subject to the provisions of 40 CFR part
60, subparts B and 40 CFR part 62, subpart III, respectively. However,
in the ``Proposed Rules'' section of today's Federal Register, EPA is
publishing a separate document that will serve as the proposal to
approve the section 111(d)/129 plan should relevant adverse or critical
comments be filed. This rule will be effective May 3, 2005, without
further notice unless the Agency receives relevant adverse comments by
April 4, 2005. If EPA receives adverse comments, EPA will publish a
timely withdrawal in the Federal Register informing the public that the
rule did not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
[[Page 10492]]
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.
IV. Statutory and Executive Order Reviews
A. General 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 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 (Public Law 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 state requests for 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 section 111(d)/129 plan delegation request
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 section
111(d)/129 Federal plan delegation request for failure to use VCS. It
would thus be inconsistent with applicable law for EPA, when it reviews
a section 111(d)/129 Federal plan delegation request, to use VCS in
place of a 111(d)/129 plan 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.).
B. 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 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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
C. 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 3, 2005. 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, approving the PADEP and ACHD requests for
delegation of the Federal plan for CISWI units, 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, Aluminum, Fertilizers, Fluoride,
Intergovernmental relations, Paper and paper products industry,
Phosphate, Reporting and recordkeeping requirements, Sulfur oxides,
Sulfur acid plants, Waste treatment and disposal.
Dated: February 17, 2005.
Richard Kampf,
Acting Regional Administrator, Region III.
0
40 CFR part 62 is amended as follows:
PART 62--[AMENDED]
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart NN--Pennsylvania
0
2. A new center heading, after Sec. 62.9670, consisting of Sec. Sec.
62.9675, 62.9676, 62.9677; and 62.9680, 62.9681, and 62.9682 is added
to read as follows:
EMISSIONS FROM EXISTING COMMERCIAL INDUSTRIAL SOLID WASTE INCINERATORS
(CISWI) UNITS--SECTION 111(d)/129 FEDERAL PLAN DELEGATIONS
Sec. 62.9675 Identification of plan--delegation of authority.
On October 14, 2004, EPA signed a Memoranda of Agreement (MOA) that
defines policies, responsibilities, and procedures pursuant to 40 CFR
part 62, Subpart III (the ``Federal plan'') by which the Federal plan
will be administered by the PADEP on behalf of EPA.
Sec. 62.9676 Identification of sources.
The MOA and related Federal plan apply to all affected CISWI units
for which construction commenced on or before November 30, 1999.
Sec. 62.9677 Effective date of delegation.
The delegation became fully effective on November 24, 2004 the date
the MOA was signed by the PADEP Secretary.
Sec. 62.9680 Identification of plan--delegation of authority.
On October 14, 2004, EPA signed a Memoranda of Agreement (MOA) that
defines policies, responsibilities, and procedures pursuant to 40 CFR
part 62, Subpart III (the ``Federal plan'') by which the Federal plan
will be administered by the Allegheny County
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Health Department (ACHD) on behalf of EPA.
Sec. 62.9681 Identification of sources.
The MOA and related Federal plan apply to all affected CISWI units
for which construction commenced on or before November 30, 1999.
Sec. 62.9682 Effective date of delegation.
The delegation became fully effective on October 19, 2004 the date
the MOA was signed by the ACHD Director.
[FR Doc. 05-4271 Filed 3-3-05; 8:45 am]
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