[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Rules and Regulations]
[Pages 27722-27723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13602]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-RO4-OAR-2008-0161; FRL-8912-3]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Davidson, Knox, and Memphis-Shelby Counties,
TN
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; notice of administrative changes.
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SUMMARY: EPA is notifying the public that it has received negative
declarations for large Municipal Waste Combustion (MWC) units from the
Nashville/Davidson County Metropolitan Health Department, Knox County
Department Air Quality Management, and Memphis-Shelby County Health
Department in Tennessee. These negative declarations certify that large
MWC units subject to the requirements of sections 111(d) and 129 of the
Clean Air Act (CAA) do not exist in areas covered by the local air
pollution control programs of Nashville/Davidson County, Knox County,
and Memphis-Shelby County, Tennessee.
DATES: This final action is effective July 13, 2009 without further
notice.
ADDRESSES: 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 Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 3030-8960. EPA requests that if
at all possible, you contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30
a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dr. Egide Louis, Air Toxics Assessment
and Implementation Section, Air Toxics and Monitoring Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. The telephone number is (404) 562-9240. Dr. Louis can also
be reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
Sections 111(d) of the CAA requires submittal of 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 emission 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.
Standards of performance for large MWC units have been established
by EPA and the emission guidelines for large MWC units were promulgated
on December 19, 1995. The emission guidelines are codified at 40 CFR
part 60, subpart Cb (see 60 FR 65387). On August 25, 1997, EPA amended
subpart Cb to apply only to MWC units with an individual capacity to
combust more than 250 tons per day of municipal solid waste (see 62 FR
45116). 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. Subpart A, of 40
CFR part 62 provides the procedural framework for the submission of
these plans. When designated facilities are located under the
jurisdiction of a State or local agency, the State or local agency must
then develop and submit a plan for the control of the designated
pollutants. However, 40 CFR 62.06 provides that if there are no
existing sources of the designated pollutants within the State or local
agency's jurisdiction, the State or local agency may submit a letter of
certification to that effect or negative declaration) in lieu of a
plan. The negative declaration exempts the state or local agency from
the requirements to submit a plan for that designated pollutant.
Final Action
The Nashville/Davidson County Metropolitan Health Department, Knox
County Department of Air Quality Department, and Memphis-Shelby County
Health Department in Tennessee have determined that there are no
designated facilities subject to the large MWC emission guidelines in
their respective jurisdictions. Consequently, Nashville/Davidson
County, Knox County, and Memphis-Shelby County, Tennessee have
submitted letters of negative declaration certifying this fact.
Pursuant to 40 CFR part 60, subpart Cb EPA is providing the public with
notice of these negative declarations. Notice of these negative
declarations will appear at 40 CFR part 62.
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 notifies the public of negative declarations for large MWC units
received by EPA from state or local agencies. This action imposes no
requirements. Accordingly, the Administrator certifies that this action
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 action is only a notice 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 action 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 notifies the public of
EPA's receipt of negative declarations for large MWC units from state
and local agencies and
[[Page 27723]]
does not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. This action 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.
With regard to negative declarations for large MWC units received
by EPA from States or local agencies, EPA's role is only to notify the
public of the receipt of such negative declarations. 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 approve or
disapprove a CAA section 111(d)/129 negative declaration submission for
failure to use VCS. It would thus be inconsistent with applicable law
for EPA, when it receives a CAA section 111(d)/129 negative
declaration, to use VCS in place of a CAA section 111(d)/129 negative
declaration 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 action 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. This action is not a rulemaking, however, EPA will
submit a report containing this action 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
action 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).
List of Subjects in 40 CFR Part 62
Environmental protection; Administrative practice and procedure;
Air pollution control; Intergovernmental relations; Reporting and
recordkeeping requirements.
Dated: April 10, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
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40 CFR part 62 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 RR--(Tennessee)
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2. Part 62 is amended by adding a new undesignated center heading to
subpart RR and a new Sec. 62.10634 to read as follows:
Air Emissions From Existing Large Municipal Waste Combustors (MWC)--
SECTION 111(d)/129 Plan
Sec. 62.10634 Identification of plan--negative declarations.
Letters from Nashville/Davidson County Metropolitan Health
Department, Knox County Department Air Quality Management, and Memphis-
Shelby County Health Department, Tennessee submitted on August 16,
2004, March 25, 2008, and February 20, 2008, certifying that there are
no large MWC units subject to 40 CFR part 60, subpart Cb in their
respective jurisdictions.
[FR Doc. E9-13602 Filed 6-10-09; 8:45 am]
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