[Federal Register Volume 76, Number 79 (Monday, April 25, 2011)]
[Rules and Regulations]
[Pages 22822-22825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9844]
[[Page 22822]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R04-OAR-2010-0840(a); FRL-9298-9]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants: Florida; Jefferson County, KY; Forsyth,
Mecklenburg, and Buncombe Counties, NC; and SC
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is notifying the public that it has received negative
declarations for Other Solid Waste Incinerator (OSWI) units from the
State of Florida; Large Municipal Waste Combustor (LMWC), Small
Municipal Waste Combustor (SMWC), and OSWI units from Jefferson County,
Kentucky; LMWC, SMWC, and OSWI units from Forsyth County, North
Carolina; LMWC, SMWC, and OSWI units from Mecklenburg County, North
Carolina; LMWC, SMWC, Hospital/Medical/Infectious Waste Incinerator
(HMIWI), and OSWI units from Buncombe County, North Carolina; and LMWC
and HMIWI units from the State of South Carolina. These negative
declarations certify that LMWC, SMWC, HMIWI, and OSWI units, as
indicated above, subject to the requirements of Sections 111(d) and 129
of the Clean Air Act (CAA), do not exist in areas covered by the
following air pollution control programs: Florida Department of
Environmental Protection; Louisville, Kentucky, Air Pollution Control
District; Forsyth County Environmental Affairs Department; Mecklenburg
County Land Use and Environmental Services Agency; Western North
Carolina Regional Air Quality Agency; and South Carolina Department of
Health and Environmental Control.
DATES: This direct final rule is effective June 24, 2011 without
further notice, unless EPA receives adverse comment by May 25, 2011. 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: Submit your comments, identified by Docket ID Number EPA-
R04-OAR-2010-0840 by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: [email protected].
3. Fax: (404) 562-9095.
4. Mail: EPA-R04 OAR-2010-0840, Daniel Garver, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303.
5. Hand Delivery or Courier: Mr. Daniel Garver, 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. 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, 8:30 a.m. to 4:30
p.m., excluding Federal holidays.
Instructions: Direct your comments to Docket ID Number EPA-R04-OAR-
2010-0840. EPA's policy is that all comments received 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 information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. 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. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
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 www.regulations.gov or
in hard copy at the 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. 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: Daniel Garver, 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) 562-9839. Mr. Garver can also
be reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
Sections 111(d) and 129 of the CAA require submittal of plans to
control certain pollutants (designated pollutants) at existing solid
waste combustion 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 new LMWC units and emission guidelines
for all existing LMWC units (designated facilities) constructed on or
before September 20, 1994, have been established by EPA. The emission
[[Page 22823]]
guidelines were promulgated on December 19, 1995 (60 FR 65415), and
amended most recently on May 10, 2006 (71 FR 27324). The emission
guidelines are codified at 40 CFR part 60, subpart Cb.
Standards of performance for new SMWC units and emission guidelines
for all existing SMWC units (designated facilities) constructed on or
before August 30, 1999, have been established by EPA. The emission
guidelines were promulgated on December 6, 2000 (65 FR 76384). The
emission guidelines are codified at 40 CFR part 60, subpart BBBB.
Standards of performance for new HMIWI units and emission
guidelines for all existing HMIWI units (designated facilities)
constructed on or before June 20, 1996, have been established by EPA.
The emission guidelines were promulgated on September 15, 1997 (62 FR
48348), and amended most recently on October 6, 2009 (74 FR 51366). The
emission guidelines are codified at 40 CFR part 60, subpart Ce.
Standards of performance for new OSWI units and emission guidelines
for all existing OSWI units (designated facilities) constructed on or
before December 9, 2004, have been established by EPA. The emission
guidelines were promulgated on December 16, 2005 (70 FR 74870), and
amended most recently on January 22, 2007 (72 FR 2620). The emission
guidelines are codified at 40 CFR part 60, subpart FFFF.
Federal regulations found in subpart B of 40 CFR part 60 establish
procedures to be followed and requirements to be met in the development
and submission of state plans for controlling designated pollutants at
designated facilities. Federal regulations found in subpart A of 40 CFR
part 62 provide 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 their respective jurisdiction for the control of
the designated pollutants. However, the federal regulations found at 40
CFR 62.06 provide that if there are no existing sources of the
designated pollutants within the state or local agency 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.
II. Final Action
EPA has received several negative declaration letters for Sections
111(d) and 129 source categories from state and local air pollution
agencies. The Florida Department of Environmental Protection has
determined that there are no existing OSWI units in its jurisdiction.
The Louisville, Kentucky, Air Pollution Control District has determined
that there are no existing LMWC, SMWC or OSWI units within its
jurisdiction, Jefferson County, Kentucky. The South Carolina Department
of Health and Environmental Control has determined that there are no
existing LMWC or HMIWI units within its jurisdiction. The Forsyth
County Environmental Affairs Department has determined that there are
no existing LMWC, SMWC or OSWI units within its jurisdiction, Forsyth
County, North Carolina. The Mecklenburg County Land Use and
Environmental Services Agency has determined that there are no existing
LMWC, SMWC or OSWI units within its jurisdiction, Mecklenburg County,
North Carolina. The Western North Carolina Regional Air Quality Agency
has determined that there are no existing LMWC, SMWC, HMIWI or OSWI
units within its jurisdiction, Buncombe County, North Carolina.
Pursuant to 40 CFR part 60, EPA is providing the public with notice of
these negative declarations. Notice of these negative declarations will
appear at 40 CFR part 62.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a 111(d)/
129 plan submission that complies with the provisions of the CAA and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing 111(d)/129 plan submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
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 CAA; 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 the
111(d)/129 plan 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).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 24, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the
[[Page 22824]]
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. Parties with objections to this
direct final rule are encouraged to file a comment in response to the
parallel notice of proposed rulemaking for this action published in the
proposed rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action 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, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: January 13, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 62 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 K--Florida
0
2. Add a new undesignated center heading to subpart K and a new Sec.
62.2400 to read as follows:
Air Emissions From Existing Other Solid Waste Incinerators (OSWI)--
Section 111(d)/129 Plan
Sec. 62.2400 Identification of plan--negative declaration.
Letter from Florida Department of Environmental Protection
submitted on January 18, 2007, certifying that there are no Other Solid
Waste Incinerator units subject to 40 CFR part 60, subpart FFFF in its
jurisdiction.
Subpart S--Kentucky
0
3. Section 62.4370 is amended by designating the existing text as
paragraph (a) and adding by paragraph (b) to read as follows:
Sec. 62.4370 Identification of plan--negative declaration.
* * * * *
(b) Letter from Louisville, Kentucky, Air Pollution Control
District submitted on February 11, 2010, certifying that there are no
Large Municipal Waste Combustor units subject to 40 CFR part 60,
subpart Cb in its jurisdiction.
0
4. Section 62.4371 is amended by designating the existing text as
paragraph (a) and by adding paragraph (b) to read as follows:
Sec. 62.4371 Identification of plan--negative declaration.
* * * * *
(b) Letter from Louisville, Kentucky, Air Pollution Control
District submitted on February 11, 2010, certifying that there are no
Small Municipal Waste Combustion units subject to 40 CFR part 60,
subpart BBBB in its jurisdiction.
0
5. Add a new undesignated center heading to subpart S and a new Sec.
62.4375 to read as follows:
Air Emissions From Existing Other Solid Waste Incinerators (OSWI)--
Section 111(d)/129 Plan
Sec. 62.4375 Identification of plan--negative declaration.
Letter from Louisville, Kentucky, Air Pollution Control District
submitted on February 11, 2010, certifying that there are no Other
Solid Waste Incinerator units subject to 40 CFR part 60, subpart FFFF
in its jurisdiction.
Subpart II--North Carolina
0
6. Section 62.8356 is amended by designating the existing text as
paragraph (a) and by adding paragraph (b) to read as follows:
Sec. 62.8356 Identification of plan--negative declaration.
* * * * *
(b) Letter from Western North Carolina Regional Air Quality Agency
submitted on October 5, 2007, certifying that there are no Hospital/
Medical/Infectious Waste Incinerator units subject to 40 CFR part 60,
subpart Ce in its jurisdiction.
0
7. Add a new undesignated center heading to subpart II and a new Sec.
62.8357 to read as follows:
Air Emissions From Existing Large Municipal Waste Combustors (LMWC)--
Section 111(d)/129 Plan
Sec. 62.8357 Identification of plan--negative declaration.
Letters from Forsyth County Environmental Affairs Department,
Mecklenburg County Land Use and Environmental Services Agency, and
Western North Carolina Regional Air Quality Agency submitted on
February 17, 2010, August 19, 2009, and October 5, 2007, respectively,
certifying that there are no Large Municipal Waste Combustor units
subject to 40 CFR part 60, subpart Cb in their respective
jurisdictions.
0
8. Add a new undesignated center heading to subpart II and a new Sec.
62.8359 to read as follows:
Air Emissions From Existing Small Municipal Waste Combustors (SMWC)--
Section 111(d)/129 Plan
Sec. 62.8359 Identification of plan--negative declaration.
Letters from Forsyth County Environmental Affairs Department,
Mecklenburg County Land Use and Environmental Services Agency, and
Western North Carolina Regional Air Quality Agency submitted on
February 17, 2010, January 22, 2003, and October 5, 2007, respectively,
certifying that there are no Small Municipal Waste Combustor units
subject to 40 CFR part 60, subpart BBBB in their respective
jurisdictions.
0
9. Add a new undesignated center heading to subpart II and a new Sec.
62.8361 to read as follows:
Air Emissions From Existing Other Solid Waste Incinerators (OSWI)--
Section 111(d)/129 Plan
Sec. 62.8361 Identification of plan--negative declaration.
Letters from Forsyth County Environmental Affairs Department,
Mecklenburg County Land Use and Environmental Services Agency, and
Western North Carolina Regional Air Quality Agency submitted on
February 17, 2010, August 19, 2009, and October 5, 2007, respectively,
certifying that there are no Other Solid Waste Incinerator units
subject to 40 CFR part 60, subpart FFFF in their respective
jurisdictions.
Subpart PP--South Carolina
0
10. Revise Sec. 62.10150 to read as follows:
Sec. 62.10150 Identification of plan--negative declaration.
Letter from South Carolina Department of Health and Environmental
Control submitted on July 8, 2010, certifying that there are no Large
Municipal Waste Combustor units subject to 40 CFR part 60, subpart Cb
in its jurisdiction.
0
11. Add a new undesignated center heading to subpart PP and a new Sec.
62.10200 to read as follows:
[[Page 22825]]
Air Emissions From Existing Hospital/Medical/Infectious Waste
Incinerators (HMIWI)--Section 111(d)/129 Plan
Sec. 62.10200 Identification of plan--negative declaration.
Letter from South Carolina Department of Health and Environmental
Control submitted on December 14, 2009, certifying that there are no
Hospital/Medical/Infectious Waste Incinerator units subject to 40 CFR
part 60, subpart Ce in its jurisdiction.
[FR Doc. 2011-9844 Filed 4-22-11; 8:45 am]
BILLING CODE 6560-50-P