[Federal Register: August 14, 2003 (Volume 68, Number 157)]
[Rules and Regulations]
[Page 48558-48561]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14au03-11]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[KY-200334(a); FRL-7542-6]
Approval and Promulgation of State Plan for Designated Facilities
and Pollutants; Commonwealth of Kentucky and Jefferson County, KY
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving the Commercial and Industrial Solid Waste
Incineration (CISWI) units section 111(d) negative declaration
submitted by the Commonwealth of Kentucky (state) and Jefferson County,
Kentucky (local). This negative declaration certifies that CISWI units
subject to the requirements of sections 111(d) and 129 of the Clean Air
Act (CAA) do not exist in the Commonwealth of Kentucky and Jefferson
County, Kentucky.
DATES: This direct final rule is effective October 14, 2003 without
further notice, unless EPA receives adverse comment by September 15,
2003. If adverse comment is received, EPA 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: Comments may be submitted by mail to: Joydeb Majumder, Air
Toxics and Monitoring Branch, U.S. Environmental Protection Agency
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Comments
may also be submitted electronically, or through hand delivery/courier;
please follow the detailed instructions described in sections I.B.1.i.
through iii. of the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Joydeb Majumder, Air Toxics and
Monitoring Branch, or Michele Notarianni, Air Planning Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. Mr. Majumder can also be reached by telephone at (404) 562-
9121 and via electronic mail at majumder.joydeb@epa.gov. Ms. Notarianni
may be reached by telephone at (404) 562-9031 and via electronic mail
at notarianni.michele@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. How Can I Get Copies of This Document and Other Related Information?
1. The Regional Office has established an official public
rulemaking file available for inspection at the Regional Office. EPA
has established an official public rulemaking file for this action
under KY-200334. The official public file consists of the documents
specifically referenced in this action, any public comments received,
and other information related to this action. Although a part of the
official docket, the public rulemaking file does not include
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. The official public rulemaking
file is the collection of materials that is available for public
viewing at the Regulatory Development Section, Air Planning Branch,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency
[[Page 48559]]
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. EPA
requests that if at all possible, you contact the contacts listed in
the For Further Information Contact section to schedule your
inspection. The Regional Office's official hours of business are Monday
through Friday, 9 to 3:30, excluding Federal holidays.
2. Copies of the State submittal and EPA's technical support
document are also available for public inspection during normal
business hours, by appointment at the State and Local Air Agency.
Commonwealth of Kentucky, Division for Air Quality, 803 Schenkel Lane,
Frankfort, Kentucky 40601-1403. (502/573-3382). Air Pollution Control
District of Jefferson County, 850 Barrett Avenue--Suite 200,
Louisville, Kentucky 40204. (502/574-6000)
3. Electronic Access. You may access this Federal Register document
electronically through the Regulations.gov Web site located at http://www.regulations.gov
where you can find, review, and submit comments on
Federal rules that have been published in the Federal Register, the
Government's legal newspaper, and are open for comment.
For public commenters, it is important to note that EPA's policy is
that public comments, whether submitted electronically or in paper,
will be made available for public viewing at the EPA Regional Office,
as EPA receives them and without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in the official public
rulemaking file. The entire printed comment, including the copyrighted
material, will be available at the Regional Office for public
inspection.
B. How and to Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate rulemaking identification number by including the text
``Public comment on proposed rulemaking KY-200334'' in the subject line
on the first page of your comment. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the official public docket. 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.
i. E-mail. Comments may be sent by electronic mail (e-mail) to
majumder.joydeb@epa.gov. Please include the text ``Public comment on
proposed rulemaking KY-200334'' in the subject line. EPA's e-mail
system is not an ``anonymous access'' system. If you send an e-mail
comment directly without going through Regulations.gov, EPA's e-mail
system automatically captures your e-mail address. E-mail addresses
that are automatically captured by EPA's e-mail system are included as
part of the comment that is placed in the official public docket.
ii. Regulations.gov. Your use of Regulations.gov is an alternative
method of submitting electronic comments to EPA. Go directly to
Regulations.gov at http://www.regulations.gov, then select
Environmental Protection Agency at the top of the page and use the go
button. The list of current EPA actions available for comment will be
listed. Please follow the online instructions for submitting comments.
The system is an ``anonymous access'' system, which means EPA will not
know your identity, e-mail address, or other contact information unless
you provide it in the body of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in Section 2, directly
below. These electronic submissions will be accepted in WordPerfect,
Word or ASCII file format. Avoid the use of special characters and any
form of encryption.
2. By Mail. Send your comments to: Joydeb Majumder, 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. Please include the text ``Public comment
on proposed rulemaking KY-200334'' in the subject line on the first
page of your comment.
3. By Hand Delivery or Courier. Deliver your comments to: Joydeb
Majumder, Air Toxics and Monitoring Branch, Air, Pesticides and Toxics
Management Division 12th floor, U.S. Environmental Protection Agency
Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 9 to 3:30, excluding Federal holidays.
C. How Should I Submit CBI to the Agency?
Do not submit information that you consider to be CBI
electronically to EPA. You may claim information that you submit to EPA
as CBI by marking any part or all of that information as CBI (if you
submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is CBI). Information so marked will not be
disclosed except in accordance with procedures set forth in 40 CFR part
2.
In addition to one complete version of the comment that includes
any information claimed as CBI, a copy of the comment that does not
contain the information claimed as CBI must be submitted for inclusion
in the official public regional rulemaking file. If you submit the copy
that does not contain CBI on disk or CD ROM, mark the outside of the
disk or CD ROM clearly that it does not contain CBI. Information not
marked as CBI will be included in the public file and available for
public inspection without prior notice. If you have any questions about
CBI or the procedures for claiming CBI, please consult the person
identified in the FOR FURTHER INFORMATION CONTACT section.
D. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that support
your views.
[[Page 48560]]
4. If you estimate potential burden or costs, explain how you arrived
at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate regional
file/rulemaking identification number in the subject line on the first
page of your response. It would also be helpful if you provided the
name, date, and Federal Register citation related to your comments.
II. Analysis of Submittal
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(d) for new sources of the same
type, and EPA has established emissions 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.
The emission guidelines for CISWI units were promulgated in
December 2000, and the emission guidelines are codified at 40 CFR part
60, subpart DDDD. 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 under the
jurisdiction of a state and local, state and local agencies must
develop and submit a plan for their respective jurisdictions for the
control of designated pollutants. However, 40 CFR 62.06 provides that
if there are no existing sources of the designated pollutants in the
state and local, the state and local may submit a letter of
certification to that effect, or negative declaration, in lieu of a
plan. The negative declaration exempts the state and local from the
requirements of subpart B for that designated pollutant.
III. Final Action
The Commonwealth of Kentucky and Jefferson County, Kentucky have
determined that there are no existing sources in the Commonwealth and
in the County subject to the CISWI units emission guidelines.
Consequently, the Commonwealth of Kentucky and Jefferson County,
Kentucky, have submitted letters of negative declaration certifying
this fact. EPA is taking final action to approve these negative
declarations.
The EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the state negative
declarations should adverse comments be filed. This rule will be
effective October 14, 2003 without further notice unless the Agency
receives adverse comments by September 15, 2003.
If the EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on October 14, 2003 and no
further action will be taken on the proposed rule.
IV. 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 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 (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 a state rule
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 state plan 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 state submission for failure to use VCS. It would thus
be inconsistent with applicable law for EPA, when it reviews a state
submission, to use VCS in place of a state 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.).
The Congressional Review Act, 5 U.S.C. section 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
[[Page 48561]]
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. section 804(2).
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 October 14, 2003. 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).)
List of Subjects 40 CFR Part 62
Environmental protection, Air pollution control, Nitrogen dioxide,
Particulate matter, Sulfur oxides.
Dated: July 23, 2003.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
0
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 et seq.
Subpart S--Kentucky
0
2. Subpart S is amended by adding an undesignated center heading and
Sec. 62.4372 to read as follows:
Air Emissions From Commercial and Industrial Solid Waste Incineration
Units
Sec. 62.4372 Identification of plan--negative declaration.
Letters from the Commonwealth of Kentucky Department for
Environmental Protection, and from the Jefferson County, Kentucky, Air
Pollution Control District were submitted on March 5, 2001, and April
21, 2003, certifying that there are no Commercial and Industrial Solid
Waste Incineration units subject to 40 CFR part 60, subpart DDDD.
[FR Doc. 03-20428 Filed 8-13-03; 8:45 am]
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