[Federal Register Volume 62, Number 181 (Thursday, September 18, 1997)]
[Rules and Regulations]
[Pages 48949-48950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24696]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[OR-1-0001; FRL-5891-5]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants: Oregon; Correction

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule; correction.

-----------------------------------------------------------------------

SUMMARY: On December 19, 1995, pursuant to sections 111 and 129 of the 
Clean Air Act (Act), the EPA promulgated new source performance 
standards (NSPS) applicable to new Municipal Waste Combustors (MWCs) 
and Emission Guidelines applicable to existing MWCs. On April 8, 1997, 
the United States Court of Appeals for the District of Columbia Circuit 
vacated 40 CFR part 60, subparts Cb and Eb, as they apply to MWC units 
with capacity to combust less than or equal to 250 tons/day of 
municipal solid waste (small MWCs), consistent with the opinion in 
Davis County Solid Waste Management and Recovery District v. EPA, 101 
F.3d 1395 (D.C. Cir. 1996), as amended, 108 F.3d 1454 (D.C. Cir. 1997). 
As a result, 40 CFR part 60, subparts Eb and Cb, apply only to large 
MWC units which are defined as units with individual capacity to 
combust more than 250 tons/day of municipal solid waste.
    In a July 10, 1997, Federal Register document (62 FR 36995), the 
EPA approved the State Plan submitted by Oregon to implement and 
enforce

[[Page 48950]]

Subpart Cb, as it applies to large MWC units only. However, the 
approval action inadvertently included the Coos County, Coos Bay, 
Oregon, waste combustor site. This MWC has the capacity to combust less 
than or equal to 250 tons per year of municipal solid waste. As such, 
this source is designated a ``small source,'' and is not subject to the 
requirements of the approved State Plan. This action corrects the list 
of identified sources by removing ``Coos County, Coos Bay, Oregon,'' 
from 40 CFR Sec. 62.9505 Identification of Sources (see 62 FR 36997).
    Since the affected sources in the area are presently aware of this 
correction, no reopening or extension to the comment period is planned. 
However, a reopening to the comment period will be considered if 
requested by an interested person, based on a showing that additional 
time for comment is necessary in light of this correction.

DATES: This correction is effective September 18, 1997.

ADDRESSES: Written comments should be addressed to: Catherine Woo, 
Office of Air Quality (OAQ-107), EPA, 1200 Sixth Avenue, Seattle, 
Washington 98101.

FOR FURTHER INFORMATION CONTACT: Catherine Woo, Office of Air Quality 
(OAQ-107), EPA, 1200 Sixth Avenue, Seattle, Washington 98101, (206) 
553-1814.

SUPPLEMENTARY INFORMATION: Under Executive Order 12866 (58 FR 51735, 
October 4, 1993), this action is not a ``significant regulatory 
action'' and, is therefore not subject to review by the Office of 
Management and Budget. In addition, this action does not impose any 
enforceable duty or contain any unfunded mandate as described in the 
Unfunded Mandates Reform Act of 1995 (P.L. 104-4), or require prior 
consultation with State officials as specified by Executive Order 12875 
(58 FR 58093, October 28, 1993), or involve special consideration of 
environmental justice related issues as required by Executive Order 
12898 (59 FR 7629, February 16, 1994).
    Because this action is not subject to notice-and-comment 
requirements under the Administrative Procedure Act or any other 
statute, it is not subject to the provisions of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.).
    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, 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).
    In rule FR Doc. 97-18082 published on July 10, 1997, make the 
following correction. On page 36997, col. 3, Sec. 62.9505 
Identification of Sources is corrected by removing and reserving 
paragraph (b).

    Dated: September 4, 1997.
Chuck Clarke,
Regional Administrator.
[FR Doc. 97-24696 Filed 9-17-97; 8:45 am]
BILLING CODE 6560-50-P