[Federal Register Volume 62, Number 149 (Monday, August 4, 1997)]
[Rules and Regulations]
[Pages 41872-41874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20475]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[FRL-5868-3]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; States of Iowa, Kansas, Missouri, and 
Nebraska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On December 19, 1995, the EPA promulgated Clean Air Act (CAA) 
section 111(d)/129 emission guidelines for existing Municipal Waste 
Combustors (MWC) with the capacity to combust in aggregate greater than 
35 megagrams (Mg) per day of municipal solid waste (MSW). Section 
111(d) requires that states with designated facilities subject to these 
emission guidelines submit to the EPA plans to control the designated 
pollutants addressed in the guidelines. If no designated facility is 
located within a state, the state may submit a letter of certification 
to that effect, i.e., a negative declaration, in lieu of a plan. The 
EPA has received negative declarations from Iowa, Kansas, Missouri, and 
Nebraska regarding designated facilities in their states. Today the EPA 
is taking action to approve those negative declarations.

DATES: This action is effective October 3, 1997, unless by September 3, 
1997, adverse or critical comments are received.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the: 
Environmental Protection Agency, Air Planning and Development Branch, 
726 Minnesota Avenue, Kansas City, Kansas 66101.

FOR FURTHER INFORMATION CONTACT: Aaron J. Worstell at (913) 551-7787.

SUPPLEMENTARY INFORMATION:

I. Background

    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(b) for new sources of the same 
type, and the 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 Act, but 
emissions of which are subject to a standard of performance for new 
stationary sources.
    On February 11, 1991, the EPA promulgated section 111(d) emission 
guidelines for existing MWC (56 FR 5523). The emission guidelines were 
codified at 40 CFR 60 subpart Ca and applied to existing MWC units with 
the capacity to combust greater than 225 Mg per day of MSW. Section 129 
of the Act, added by the 1990 Amendments, required that these emission 
guidelines be revised to: (1) reflect maximum available control 
technology; (2) specify guideline emission levels for additional 
pollutants; and (3) apply to MWC with capacities less than 225 Mg per 
day of MSW. Accordingly, the EPA, on December 19, 1995, promulgated 
emission guidelines that meet both the requirement of section 111(d) 
and section 129 of the CAA. These emission guidelines were codified at 
40 CFR 60 subpart Cb, replacing subpart Ca. The subpart Cb emission 
guidelines apply to existing MWC plants with aggregate charging 
capacities greater than 35 Mg per day of MSW and establish the

[[Page 41873]]

emission limits for MWC metals, MWC acid gases, MWC organics, and MWC 
nitrogen oxides. Refer to 60 FR 65415 for a complete discussion of 
subpart Cb.
    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 Code of 
Federal Regulations provides the procedural framework for the 
submission of these plans. When designated facilities are located in a 
state, a state must develop and submit a plan for the control of the 
designated pollutant. However, 40 CFR 62.06 provides 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, or negative 
declaration, in lieu of a plan. The negative declaration exempts the 
state from the requirements of subpart B for that designated pollutant.

II. Final Action

    The EPA is taking final action to approve the negative declarations 
submitted by the states of Iowa, Kansas, Missouri, and Nebraska.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve this action 
should adverse or critical comments be filed. This action is effective 
October 3, 1997, unless, by September 3, 1997, adverse or critical 
comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action is effective October 3, 1997.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request relating to 
revision to any 111(d) plan. Each request shall be considered 
separately in light of specific technical, economic, and environmental 
factors, and in relation to relevant statutory and regulatory 
requirements.

III. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget has exempted this regulatory 
action from Executive Order 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., the 
EPA must prepare a regulatory flexibility analysis assessing the impact 
of any proposed or final rule on small entities (5 U.S.C. 603 and 604). 
Alternatively, the EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000. I hereby certify that approval of these negative declarations 
will not have a significant impact on a substantial number of small 
entities.

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, the 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 
private sector, of $100 million or more. Under section 205, the 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 the EPA to establish a 
plan for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    The EPA has determined that the approval action promulgated 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 
negative declarations in lieu of regulatory plans, and imposes no new 
requirements. Accordingly, no additional costs to state, local, or 
tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, the EPA submitted 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 
General Accounting Office prior to publication of this rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    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 October 3, 1997. 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 in 40 CFR Part 62

    Environmental protection, Air pollution control, Municipal waste 
incinerators, Nitrogen dioxide, Particulate matter, and Sulfur oxides.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: July 11, 1997.
Dennis Grams, P.E.,
Regional Administrator.

    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 Q--Iowa

    2. Subpart Q is amended by adding an undesignated center heading 
and paragraph Sec. 62.3912 to read as follows:

Emissions from Existing Municipal Waste Combustors With the 
Capacity to Burn Greater than 35 Megagrams Per Day of Municipal 
Solid Waste


Sec. 62.3912  Identification of plan-negative declaration.

    Letter from the Iowa Department of Natural Resources submitted 
December 27, 1996, certifying that there are no municipal waste 
combustors in the state of Iowa subject to part 60, subpart Cb of this 
chapter.

[[Page 41874]]

Subpart R--Kansas

    3. Subpart R is amended by adding an undesignated center heading 
and paragraph Sec. 62.4177 to read as follows:

Emissions From Existing Municipal Waste Combustors With the 
Capacity To Burn Greater than 35 Megagrams Per Day of Municipal 
Solid Waste


Sec. 62.4177  Identification of plan--negative declaration.

    Letter from the Kansas Department of Health submitted April 26 
1996, certifying that there are no municipal waste combustors in the 
state of Kansas subject to part 60, subpart Cb of this chapter.

Subpart AA--Missouri

    4. Subpart AA is amended by adding an undesignated center heading 
and paragraph Sec. 62.6356 to read as follows:

Emissions From Existing Municipal Waste Combustors With the 
Capacity To Burn Greater than 35 Megagrams Per Day of Municipal 
Solid Waste


Sec. 62.6356  Identification of plan--negative declaration.

    Letter from the Air Pollution Control Program of the Department of 
Natural Resources submitted June 3, 1996, certifying that there are no 
municipal waste combustors in the state of Missouri subject to part 60, 
subpart Cb of this chapter.

Subpart CC--Nebraska

    5. Subpart CC is amended by adding an undesignated center heading 
and paragraph Sec. 62.6912 to read as follows:

Emissions From Existing Municipal Waste Combustors With the 
Capacity To Burn Greater than 35 Megagrams Per Day of Municipal 
Solid Waste


Sec. 62.6912  Identification of plan--negative declaration.

    Letter from the Air Quality Section of the Nebraska Department of 
Environmental Quality submitted May 13, 1996, certifying that there are 
no municipal waste combustors in the state of Nebraska subject to part 
60, subpart Cb of this chapter.

[FR Doc. 97-20475 Filed 8-1-97; 8:45 am]
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