[Federal Register: March 4, 2004 (Volume 69, Number 43)]
[Rules and Regulations]
[Page 10165-10167]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04mr04-9]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[PA190-7008a; FRL-7631-7]
Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants; Commonwealth of Pennsylvania;
Control of Emissions from Existing Small Municipal Waste Combustion
Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve a section 111(d)/
129 negative declaration submitted by the Pennsylvania Department of
Environmental Protection (PADEP). The negative declaration certifies
that small municipal waste combustion (MWC) units, subject to the
requirements of sections 111(d) and 129 of the Clean Air Act (the Act),
do not exist within its air pollution control jurisdiction, excluding
the jurisdictions of the Health Departments (air pollution control
agencies) in Allegheny and Philadelphia counties.
DATES: This rule is effective on May 3, 2004 without further notice,
unless EPA receives adverse written comment by April 5, 2004. If EPA
receives such comments, it 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 either by mail or electronically.
Written comments should be mailed to Walter Wilkie, Chief, Air Quality
Analysis Branch, Mailcode 3AP22, U.S. Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
Electronic comments should be sent either to wilkie.walter@epa.gov or
to http://www.regulations.gov, which is an alternative method for
submitting electronic comments to EPA. To submit comments, please
follow the detailed instructions described in part II of the
Supplementary Information section. Copies of the documents relevant to
this action are available for public inspection during normal business
hours at the Air Protection Division, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
FOR FURTHER INFORMATION CONTACT: James B. Topsale, P.E., at (215) 814-
2190, or by e-mail at topsale.jim@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Sections 111(d) and 129 of the Act requires 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 Act, also requires EPA to promulgate EG for MWC units that
emit a mixture of air pollutants. These pollutants include organics
(i.e., dioxins/furans), carbon monoxide, metals (cadmium, lead,
mercury), acid gases (hydrogen chloride, sulfur dioxide, and nitrogen
oxides) and particulate matter (including opacity).
On December 6, 2000 (65 FR 76350 and 76378), EPA promulgated small
municipal waste combustion unit new source performance standards, 40
CFR part 60, subpart AAAA, and emission guidelines (EG), subpart BBBB,
respectively. The designated facility to which the EG apply is each
existing small MWC unit that has a design combustion capacity of 35 to
250 tons per day of municipal solid waste (MSW) and commenced
construction on or before August 30, 1999.
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 that require the submittal of
a 111(d)/129 plan.
The Harrisburg Materials, Energy, Recycling and Resource Recovery
Facility was the only known designated facility (based on the derated
capacity of its two combustion units) subject to the EG. However, on
June 18, 2003, the City of Harrisburg permanently ceased operation of
its two small MWC units. Permanent closure of the units was confirmed
by PADEP staff during inspections of the facility on August 4 and 11,
2003.
II. Final EPA Action
The PADEP has determined that there are no designated facilities,
subject to the small MWC unit EG requirements, in its air pollution
control jurisdiction. Accordingly, the PADEP Bureau of Air Quality
Director has submitted to EPA a negative declaration letter certifying
this fact. The submittal date of the letter is October 30, 2003.
Therefore, EPA is amending part 62 to reflect the receipt of the
negative declaration letter from the PADEP. Amendments are being made
to 40 CFR part 62, subpart NN (Pennsylvania). These amendments exclude
the local Pennsylvania air pollution control jurisdictions that
submitted their own approvable negative declarations--Allegheny and
Philadelphia (City) counties.
After publication of this Federal Register notice, if a small MWC
unit is later found within jurisdiction of the PADEP, then that unit
will become subject to the requirements of the Federal small MWC
111(d)/129 plan, as promulgated on January 31, 2003 (68 FR 5144).
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. However, in the ``Proposed Rules'' section of today's
Federal Register, EPA is publishing a separate document that will serve
as the proposal to approve the section 111(d)/129 negative declaration
if adverse comments are filed. This rule will be effective on May 3,
2004 without further
[[Page 10166]]
notice unless EPA receives adverse comment by April 5, 2004. If EPA
receives adverse comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time. Please note that if EPA receives adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be 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.
You may submit comments either electronically or by mail. To ensure
proper receipt by EPA, identify the appropriate rulemaking
identification number PA190-7008 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
wilkie.walter@epa.gov, attention PA190-7008. 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 Regulation.gov is an alternative
method of submitting electronic comments to EPA. Go directly to 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 the ADDRESSES
section of this document. 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. Written comments should be addressed to the EPA
Regional office listed in the ADDRESSES section of this document.
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, confidential business information (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.
Submittal of CBI Comments
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.
Considerations when Preparing Comments to 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.
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.
III. Statutory and Executive Order Reviews
A. General Requirements
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 law 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
[[Page 10167]]
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 section 111(d)/129 negative declarations, 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 section 111(d)/129 negative
declaration submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a section
111(d)/129 negative declaration, to use VCS in place of a section
111(d)/129 negative declaration 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.).
B. Submission to Congress and the Comptroller General
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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
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 May 3, 2004. 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 approving the Pennsylvania negative
declaration for small MWC units 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, Administration practice and procedure,
Air pollution control, Aluminum, Fertilizers, Fluoride, Carbon
monoxide, Intergovernmental relations, Paper and paper products
industry, Phosphate, Reporting and recordkeeping requirements, Sulfur
oxides, Sulfur acid plants, Waste Treatment and disposal.
Dated: February 25, 2004.
James W. Newsom,
Acting Regional Administrator, Region III.
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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 NN--Pennsylvania
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2. Subpart NN is amended by adding Sec. 62.9647 to read as follows:
Emissions from Existing Small Municipal Waste Combustion Units
Sec. 62.9647 Identification of plan--negative declaration.
October 30, 2003 letter from the Pennsylvania Department of
Environmental Protection, Bureau of Air Quality, certifying that there
are no existing small municipal waste combustion units within
Pennsylvania, excluding Allegheny and Philadelphia counties, that are
subject to 40 CFR part 60, subpart BBBB.
[FR Doc. 04-4818 Filed 3-3-04; 8:45 am]
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