[Federal Register Volume 72, Number 88 (Tuesday, May 8, 2007)]
[Rules and Regulations]
[Pages 25978-25980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8807]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R07-OAR-2007-0258; FRL-8310-8]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; States of Iowa, Kansas, and Missouri
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving the Other Solid Waste Incineration (OSWI)
section 111(d) negative declarations submitted by the states of Iowa,
Kansas, and Missouri. These negative declarations certify that OSWI
units subject to the requirements of sections 111(d) and 129 of the
Clean Air Act (CAA) do not exist in these states.
DATES: This direct final rule will be effective July 9, 2007, without
further notice, unless EPA receives adverse comment by June 7, 2007. If
adverse comment is 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: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2007-0258, by one of the following methods:
1. http://www.regulations.gov. Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Mail: Heather Hamilton, Environmental Protection Agency, Air
Planning and Development Branch, 901 North 5th Street, Kansas City,
Kansas 66101.
4. Hand Delivery or Courier. Deliver your comments to Heather
Hamilton, Environmental Protection Agency, Air Planning and Development
Branch, 901 North 5th Street, Kansas City, Kansas 66101.
Instructions: Direct your comments to Docket ID No. EPA-R07-OAR-
2007-0258. 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.regulations.gov, 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 through http://www.regulations.gov or e-mail information that you consider to be CBI
or otherwise protected. The http://www.regulations.gov Web site is 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 http://www.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
http://www.regulations.gov index. 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 the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or in hard copy at the Environmental Protection
Agency, Air Planning and Development Branch, 901 North 5th Street,
Kansas City, Kansas 66101. The Regional Office's official hours of
business are Monday through Friday, 8 to 4:30 excluding Federal
holidays. The interested persons wanting to examine these documents
should make an appointment with the office at least 24 hours in
advance.
FOR FURTHER INFORMATION CONTACT: Heather Hamilton at (913) 551-7039, or
by e-mail at [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This section provides
additional information by addressing the following questions:
What is a 111(d) Plan?
What are the regulatory requirements for OSWI units?
Why is this action necessary?
What action are we taking in this document?
What is a 111(d) Plan?
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 EPA has established emission guidelines for such existing
sources for certain designated pollutants.
[[Page 25979]]
What are the regulatory requirements for OSWI units?
On December 16, 2005 (70 FR 74870), EPA finalized the section
111(d) emission guidelines for existing OSWI units. The emission
guidelines are codified at 40 CFR part 60, subpart EEEE.
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 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.
Why is this action necessary?
The states of Iowa, Kansas, and Missouri have determined there are
no existing sources in their states subject to the OSWI emission
guidelines. Consequently, each state has submitted a letter of negative
declaration certifying this fact. We are announcing our approval of
these negative declarations. If at a later date such sources are
identified, they will be subject to a Federal plan until a state has an
approved 111(d) plan.
What action are we taking in this document?
We are processing this action as a direct final action because we
do not anticipate any adverse comments. Please note that if EPA
receives adverse comment on an amendment, paragraph, or section of this
rule and if that provision is 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.
Statutory and Executive Order Reviews
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 negative declarations as meeting Federal
requirements and imposes no additional requirements. 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 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 (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 state negative
declarations relating to a Federal standard, and does not alter the
relationship or the distribution of power and responsibilities
established in the CAA. 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 merely
approves state negative declarations relating to a Federal standard.
In reviewing state plan submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. 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 state submissions for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews state
submissions, to use VCS in place of state submissions that otherwise
satisfy the provisions of the CAA. 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. 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.
804(2).
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 July 9, 2007. Filing a petition for
reconsideration by the Administrator of this direct 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 procedures,
Air pollution control, Carbon monoxide, Intergovernmental relations,
Metals, Nitrogen dioxide, Particulate matter, Sulfur oxides, Waste
treatment and disposal.
Dated: April 30, 2007.
John B. Askew,
Regional Administrator, Region 7.
0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:
PART 62--[AMENDED]
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1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart Q--Iowa
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2. Subpart Q is amended by adding an undesignated center heading and
Sec. 62.3917 to read as follows:
Air Emissions From Existing ``Other'' Solid Waste Incineration Units
Sec. 62.3917 Identification of plan--negative declaration.
Letter from the Iowa Department of Natural Resources submitted
March 8,
[[Page 25980]]
2007, certifying that there are no commercial and industrial solid
waste incineration units subject to 40 CFR part 60, subpart EEEE.
Subpart R--Kansas
0
3. Subpart R is amended by adding an undesignated center heading and
Sec. 62.4182 to read as follows:
Air Emissions From Existing ``Other'' Solid Waste Incineration Units
Sec. 62.4182 Identification of plan--negative declaration.
Letter from the Kansas Department of Health and Environment
submitted December 7, 2006, certifying that there are no ``other''
solid waste incineration units subject to 40 CFR part 60, subpart EEEE.
Subpart AA--Missouri
0
4. Subpart AA is amended by adding an undesignated center heading and
Sec. 62.6361 to read as follows:
Air Emissions From Existing ``Other'' Solid Waste Incineration Units
Sec. 62.6361 Identification of plan--negative declaration.
Letter from the Missouri Department of Natural Resources submitted
April 7, 2006, certifying that there are no ``other'' solid waste
incineration units subject to 40 CFR part 60, subpart EEEE.
[FR Doc. E7-8807 Filed 5-7-07; 8:45 am]
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