[Federal Register Volume 74, Number 57 (Thursday, March 26, 2009)]
[Rules and Regulations]
[Pages 13122-13124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6641]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R09-OAR-2008-0942; FRL-8781-2]
Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants; Control of Emissions From
Existing Other Solid Waste Incinerator Units; Arizona; Pima County
Department of Environmental Quality
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve a negative
declaration submitted by the Pima County Department of Environmental
Quality. The negative declaration certifies that other solid waste
incinerator units, subject to the requirements of sections 111(d) and
129 of the Clean Air Act, do not exist within the agency's air
pollution control jurisdiction.
DATES: This rule is effective on May 26, 2009 without further notice,
unless EPA receives adverse comments by April 27, 2009. If we receive
such comment, we will publish a timely withdrawal in the Federal
Register to notify the public that this direct final rule will not take
effect.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2008-0942, by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions.
2. E-mail: [email protected].
3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: All comments 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 Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. 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.
Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California.
While all documents in the docket are listed in the index, some
information may be publicly available only at the hard copy location
(e.g., copyrighted material), and some may not be publicly available in
either location (e.g., CBI). To inspect the hard copy materials, please
schedule an appointment during normal business hours with the contact
listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Mae Wang, EPA Region IX, (415) 947-
4124, [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. Background
II. Final EPA Action
III. Statutory and Executive Order Reviews
I. Background
Sections 111(d) and 129 of the Clean Air Act (CAA or 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 CAA, but
emissions of which are subject to a standard of performance for new
stationary sources. However, section 129 of the CAA also requires EPA
to promulgate EG for solid waste incineration 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).
[[Page 13123]]
On December 16, 2005, (70 FR 74870), EPA promulgated new source
performance standards and EG for other solid waste incineration (OSWI)
units, located at 40 CFR part 60, subparts EEEE and FFFF, respectively.
The designated facility to which the EG apply is each existing OSWI
unit, as defined in subpart FFFF, that commenced construction on or
before December 9, 2004.
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. Also, 40 CFR part 62
provides the procedural framework for the submission of these plans.
When designated facilities are located in a State, the State must then
develop and submit a plan for the control of the designated pollutant.
However, 40 CFR 60.23(b) and 62.06 provide 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 (i.e., negative
declaration) in lieu of a plan. The negative declaration exempts the
State from the requirements of subpart B for the submittal of a 111(d)/
129 plan.
II. Final EPA Action
The Pima County Department of Environmental Quality (PDEQ) has
determined that there are no designated facilities subject to the OSWI
unit EG requirements in its air pollution control jurisdiction. On
April 14, 2008, PDEQ submitted to EPA a negative declaration letter
certifying this fact. EPA is amending 40 CFR part 62, subpart D--
Arizona, to reflect the receipt of this negative declaration letter.
After publication of this Federal Register notice, if an OSWI
facility is later found within the PDEQ jurisdiction, then the
overlooked facility will become subject to the requirements of the
Federal OSWI 111(d)/129 plan, including the compliance schedule. The
Federal plan would no longer apply if EPA were to subsequently receive
and approve a 111(d)/129 plan from PDEQ.
EPA is publishing this action without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. This action simply reflects already existing Federal
requirements for State air pollution control agencies under 40 CFR
parts 60 and 62. In the Proposed Rules section of this Federal Register
publication, EPA is publishing a separate document that will serve as
the proposal to approve PDEQ's negative declaration should relevant
adverse or critical comments be filed.
This rule will be effective May 26, 2009 without further notice
unless the Agency receives relevant adverse comments by April 27, 2009.
If EPA receives such comments, then EPA will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action based on the proposal. The EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time.
III. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
state plan submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7429(b)(2); 40 CFR 62.02(a).
Thus, in reviewing state plan submissions, EPA's role is to approve
state choices, provided that they meet the criteria of the Clean Air
Act. Accordingly, this action merely approves state law as meeting
Federal requirements and does not impose additional requirements beyond
those imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because it is not approved to apply in Indian country located in the
state, and EPA notes that it will not impose substantial direct costs
on tribal governments or preempt tribal law.
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 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 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).
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,
Sulfuric acid plants, Waste treatment and disposal.
Dated: February 18, 2009.
Jane Diamond,
Acting Regional Administrator, Region IX.
0
Part 62, Chapter I, Title 40 of the Code of Federal Regulations 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. 7401-7671q.
Subpart D--Arizona
0
2. Subpart D is amended by adding an undesignated center heading and
Sec. 62.660 to read as follows:
[[Page 13124]]
Emissions From Existing Other Solid Waste Incineration Units
Sec. 62.660 Identification of plan--negative declaration.
Letter from the Pima County Department of Environmental Quality,
submitted on April 14, 2008, certifying that there are no existing
other solid waste incineration units in its jurisdiction subject to 40
CFR part 60, subpart FFFF, of this chapter.
[FR Doc. E9-6641 Filed 3-25-09; 8:45 am]
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