[Federal Register: September 24, 2004 (Volume 69, Number 185)]
[Rules and Regulations]
[Page 57186-57188]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24se04-10]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[Region II Docket No. R02-OAR-2004-NJ-0003, FRL-7818-4]
Approval and Promulgation of State Plans for Designated
Facilities; New Jersey
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving a
negative declaration submitted by the State of New Jersey. The negative
declaration fulfills EPA's promulgated Emission Guidelines for existing
commercial and industrial solid waste incinerator (CISWI) sources. In
accordance with the Emission Guidelines, states are not required to
submit a plan to implement and enforce the Emission Guidelines if there
are no existing CISWI sources in the state and if it submits a negative
declaration letter in place of the State Plan.
DATES: This rule will be effective October 25, 2004.
ADDRESSES: Copies of the state submittal are available at the following
addresses for inspection during normal business hours:
Environmental Protection Agency, Region 2 Office, Air Programs
Branch, 290 Broadway, 25th Floor, New York, New York 10007-1866.
New Jersey Department of Environmental Protection, Office of Air
Quality Management, Bureau of Air Pollution Control, 401 East State
Street, CN027, Trenton, New Jersey 08625.
Environmental Protection Agency, Air and Radiation Docket and
Information Center, Air Docket, Room B-108, 1301
[[Page 57187]]
Constitution Avenue (Mail Code 6102T), NW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Anthony (Ted) Gardella
Gardella.Anthony@epa.gov), Air Programs Branch, Environmental
Protection Agency, 290 Broadway, 25th Floor, New York, New York 10007-
1866, (212) 637-3892.
SUPPLEMENTARY INFORMATION: The following table of contents describes
the format for the SUPPLEMENTARY INFORMATION section:
Table of Contents
A. What Action Is EPA Taking Today?
B. Why Is EPA Approving New Jersey's Negative Declaration?
C. What if an Existing CISWI Source Is Discovered After the
Effective Date of EPA's Final Action?
D. What Comments Were Received on the Proposed Approval and How
Has EPA Responded to Them?
E. What Are EPA's Conclusions?
F. Statutory and Executive Order Revisions.
A. What Action Is EPA Taking Today?
The EPA is approving a negative declaration submitted by the State
of New Jersey dated March 4, 2004. This negative declaration finds that
there are no existing facilities subject to regulation as commercial
and industrial solid waste incinerators (CISWI) in the State of New
Jersey. The negative declaration satisfies the federal Emission
Guidelines requirements of EPA's promulgated regulation entitled
``Standards of Performance for New Stationary Sources and Emission
Guidelines for Existing Sources: Commercial and Industrial Solid Waste
Incineration Units'' (65 FR 75338, December 1, 2000; and corrected at
66 FR 16605, March 27, 2001). The negative declaration officially
certifies to EPA that, to the best of the State's knowledge, there are
no CISWI sources in operation in the State of New Jersey.
In its March 4, 2004 letter, New Jersey further stated that its
negative declaration was consistent with the EPA's database of CISWI
units which shows only one potential CISWI incinerator located at the
Hoffman LaRoche (HLR) facility in Nutley, New Jersey. However, New
Jersey stated that the HLR incinerator is regulated as a co-fired
combustor under EPA's Hospital/Medical/Infectious Waste Incinerator
(HMIWI) Federal Plan (title 40, part 62, subpart HHH of the Code of
Federal Regulations (40 CFR 62, subpart HHH), promulgated on August 15,
2000) and therefore, exempt from the CISWI Emission Guidelines. EPA
agrees with New Jersey that the HLR incinerator is considered a co-
fired combustor under EPA's HMIWI Federal Plan and, due to the nature
of the waste combusted in the incinerator, is exempt from the CISWI
Emission Guidelines.
B. Why Is EPA Approving New Jersey's Negative Declaration?
EPA has evaluated the negative declaration submitted by New Jersey
for consistency with the Clean Air Act (Act), EPA guidelines and
policy. EPA has determined that New Jersey's negative declaration meets
all applicable requirements and, therefore, EPA is approving the
State's certification that there are no existing CISWI units in
operation throughout the State. For additional details, see EPA's
proposed approval published in the Federal Register on July 16, 2004
(69 FR 42641).
C. What if an Existing CISWI Source Is Discovered After the Effective
Date of EPA's Final Action?
75338, December 1, 2001) requires that if, after the effective date of
EPA's final action on New Jersey's negative declaration, an existing
CISWI unit is found in the State, the Federal Plan (40 CFR 62, subpart
III, promulgated on October 3, 2003) implementing the Emission
Guidelines would automatically apply to that CISWI unit until a State
Plan is approved by EPA.
D. What Comments Were Received on the Proposed Approval and How Has EPA
Responded to Them?
The public comment period on EPA's proposed approval ended on
August 16, 2004. There were no comments received on EPA's proposed
approval of New Jersey's negative declaration. Therefore, EPA is
approving New Jersey's negative declaration.
E. What Are EPA's Conclusions?
EPA has determined that New Jersey's negative declaration meets all
applicable requirements and, therefore, EPA is approving New Jersey's
certification that no CISWI units are in operation within the State of
New Jersey. If any existing CISWI sources are discovered in the future,
the Federal Plan implementing the Emission Guidelines would
automatically apply to that CISWI unit until the State Plan is approved
by EPA.
F. Statutory and Executive Order Revisions
Executive Order 12866, Regulatory Planning and Review
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''
Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., OMB must
approve all ``collections of information'' by EPA. The Act defines
``collection of information'' as a requirement for ``answers to * * *
identical reporting or recordkeeping requirements imposed on ten or
more persons * * * `` 44 U.S.C. 3502(3)(A). Because the final rule
applies to New Jersey's negative declaration letter for CISWI units,
there are no companies affected by this approval and therefore, the
Paper Reduction Act does not apply.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
This rule will not have a significant impact on a substantial
number of small entities because as a negative declaration no sources
in the state are subject to the CISWI Emission Guidelines requirements.
Therefore, because the Federal approval does not create any new
requirements, I certify that this action will not have a significant
economic impact on a substantial number of small entities.
Unfunded Mandates Reform Act
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to state, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for
[[Page 57188]]
informing and advising any small governments that may be significantly
or uniquely impacted by the rule.
EPA has determined that the approval action does not include a
Federal mandate that may result in estimated costs of $100 million or
more to either state, local, or tribal governments in the aggregate, or
to the private sector. This Federal action approves pre-existing
requirements under state or local law, and imposes no new requirements.
Accordingly, no additional costs to state, local, or tribal
governments, or to the private sector, result from this action.
Executive Order 13132, Federalism
Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by state and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that 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.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by state and local governments, or EPA
consults with state and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts state law unless the
Agency consults with state and local officials early in the process of
developing the proposed regulation.
EPA has concluded that this rule may have federalism implications.
The only reason why this rule may have federalism implications is if in
the future a CISWI unit is found within the State of New Jersey the
unit will become subject to the Federal Plan until a State Plan is
approved by EPA. However, it will not impose substantial direct
compliance costs on state or local governments, nor will it preempt
state law. Thus, the requirements of sections 6(b) and 6(c) of the
Executive Order do not apply to this rule.
Executive Order 13175, Coordination With Indian Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
With Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
tribal implications, as specified in Executive Order 13175. It will not
have substantial direct effects on tribal governments, 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. Thus, Executive Order 13175 does not
apply to this rule.
Executive Order 13045, Protection of Children From Environmental Health
Risks and Safety Risks
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) Is
determined to be ``economically significant'' as defined under
Executive Order 12866, and (2) concerns an environmental health or
safety risk that EPA has reason to believe may have a disproportionate
effect on children. If the regulatory action meets both criteria, the
Agency must evaluate the environmental health or safety effects of the
planned rule on children, and explain why the planned regulation is
preferable to other potentially effective and reasonably feasible
alternatives considered by the Agency.
This rule is not subject to Executive Order 13045 because it does
not involve decisions intended to mitigate environmental health or
safety risks.
Executive Order 13211, Actions That Significantly Affect Energy Supply,
Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.
National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Acid gases, Carbon
monoxide, commercial and industrial solid waste incinerators,
Intergovernmental relations, Organics, Particulate matter, Lead,
Reporting and recordkeeping requirements.
Dated: September 16, 2004.
Jane M. Kenny,
Regional Administrator, Region 2.
Part 62, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 62--[AMENDED]
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart FF--New Jersey
2. Part 62 is amended by adding new Sec. 62.7604 and an
undesignated heading to subpart FF to read as follows:
Air Emissions From Existing Commercial and Industrial Solid Waste
Incinerator Units
Sec. 62.7604 Identification of plan--negative declaration.
Letter from the New Jersey Department of Environmental Protection,
submitted March 4, 2004, certifying that there are no commercial and
industrial solid waste incinerators in the State of New Jersey subject
to part 60, subpart DDDD of this chapter.
[FR Doc. 04-21496 Filed 9-23-04; 8:45 am]
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