[Federal Register Volume 64, Number 146 (Friday, July 30, 1999)]
[Rules and Regulations]
[Pages 41291-41294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19431]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[Docket# WA-1-0001; FRL-6408-6]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants: Washington

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The United States Environmental Protection Agency (EPA) 
approves the sections 111(d)/129 State Plan submitted by the State of 
Washington, Department of Ecology (WADOE) on January 4, 1999, for 
implementing and enforcing the Emissions Guidelines (EG) applicable to 
existing large Municipal Waste Combustors (MWCs) with capacity to 
combust more than 250 tons/day of municipal solid waste (MSW). See 40 
CFR part 60, subpart Cb.

DATES: This action is effective on September 28,1999 unless 
significant, material, and adverse comments are received by August 30, 
1999. If significant, material, and adverse comments are received by 
the above date, this direct final rule will be withdrawn, and timely 
notice will be published in the Federal Register.

ADDRESSES: Written comments should be addressed to: Catherine Woo, 
Office of Air Quality (OAQ-107), EPA, 1200 Sixth Avenue, Seattle, 
Washington 98101.
    Documents which are incorporated by reference are available for 
public inspection at the Air and Radiation Docket and Information 
Center, Environmental Protection Agency, 401 M Street, SW, Washington, 
DC 20460. Copies of materials related to this action may be examined 
during normal business hours. The interested persons wanting to examine 
these documents should make an appointment with the appropriate office 
at least 24 hours before the day of the visit. These documents can be 
viewed at: EPA, Region 10, Office of Air Quality, 1200 Sixth Avenue 
(OAQ-107), Seattle, Washington 98101, and at Washington State 
Department of Ecology, P.O. Box 47600, Olympia, Washington 98504-7600.

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

SUPPLEMENTARY INFORMATION:

I. What action is being taken by EPA today?

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II. Why do we need to regulate MWCs emissions?
III. What is a State Plan?
IV. What does the Washington State Plan contain?
V. Is my MWC subject to these regulations?
VI. What steps do I need to take?
VII. Administrative Requirements.

I. What Action Is Being Taken by the EPA Today?

    We are approving the Washington State Plan, as submitted on January 
4, 1999, for the control of air emissions from large MWC's, except for 
those large MWCs located in Indian Country. When we developed our New 
Source Performance Standards (NSPS) for large MWC's, we also developed 
an EG to control air emissions from older, existing MWC's. See 60 FR 
65387 (December 19, 1995), and as subsequently amended, 62 FR 45116 and 
45124 (August 25, 1997). The WDOE developed a State Plan, as required 
by sections 111(d)/129 of the Clean Air Act (the Act), 42 U.S.C. 
4211(d)/ 4229, to adopt the EG into their body of regulations, and we 
are acting today to approve it.
    This approval action will supercede the requirements of the EPA's 
Federal Plan, developed for sources in States which did not have an 
approved State Plan by December 19, 1996. In the review of the State of 
Washington's Plan, EPA determined that the requirements were at least 
as protective as the emission guidelines as well as the requirements 
promulgated into 40 CFR part 60, subpart FFF, which is the Federal Plan 
for Large Municipal Waste Combustors. As of the effective date of this 
action, September 28, 1999, the Federal Plan will no longer apply to 
the sources in the State of Washington. Sources must comply with the 
requirements found within this State Plan.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial approval and anticipate no adverse 
comments. However, in a separate document in this Federal Register 
publication, we are proposing to approve the revision, should 
significant, material and adverse comments be filed. This action is 
effective September 28, 1999, unless we received any significant, 
material or adverse comments by August 30, 1999. If we receive 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 be addressed in a subsequent final 
rule based on the proposed rule. We will not institute a second comment 
period on this action. Any parties interested in commenting on this 
action should do so at this time.

II. Why Do We Need To Regulate MWC Emissions?

    When burned, municipal waste emits various air pollutants, 
including dioxin/furan, sulfur dioxide, hydrogen chloride and toxic 
metals (lead, cadmium and mercury.) Mercury is highly hazardous and is 
of particular concern because it persists in the environment and 
bioaccumulates through our food sources. Serious developmental effects 
in humans, primarily damage to the nervous system, have been associated 
with exposures to mercury.
    Exposure to particulate matter has been linked with adverse health 
effects, including aggravation of existing respiratory and 
cardiovascular disease and increased risk of premature death. 
Hydrochloric acid is a clear colorless gas. Chronic exposure to 
hydrochloric acid has been reported to cause gastritis, chronic 
bronchitis, dermatitis, and photosensitization.
    Exposure to dioxin and furan can cause skin disorders, cancer, and 
reproductive effects such as endometriosis. These pollutants can also 
affect the immune system.
    For a more detailed background related to the hazards of exposure 
to the air emissions from large MWC's, contact the EPA's Office of Air 
Quality Planning and Standards, Research Triangle Park, North Carolina, 
27711.

III. What Is a State Plan?

    Sections 111(d)/129 of the Act require that pollutants controlled 
under the NSPS must also be controlled at older, existing sources in 
the same source categories. Section 129 of the Act provides additional 
requirements for incineration sources. Once an NSPS is promulgated for 
a specific source category, we then publish an EG applicable to the 
control of the same pollutants from the existing (designated) 
facilities. States with designated facilities must then develop a State 
Plan to adopt the EG into their body of regulations. States must also 
include in this State Plan other elements, such as emission 
inventories, legal authority, and public participation documentation, 
and demonstration of the ability to enforce the State Plan.

IV. What Does the Washington State Plan Contain?

    The WADOE submitted regulations, as promulgated by the Spokane 
County Air Pollution Control Agency (SCAPCA) and adopted into State 
regulations on June 4, 1999. The WADOE adopted and submitted local 
regulations, because there is only one identified existing source for 
this specific category. This designated source, located in Spokane, 
Washington, is directly regulated by the local authority, SCAPCA. When 
the State adopted the local regulation, these requirements also became 
State-enforceable. Any additional existing designated sources 
identified at a later date must also comply with the requirements of 
the SCAPCA rule, as adopted by the State, unless the State revises its 
regulation and resubmits its revised State Plan to the EPA for 
approval. The Washington State Plan contains:
    1. A demonstration of the State's legal authority to implement the 
section 111(d) State Plan;
    2. SCAPCA rule, Regulation I, section 6.17 (Amending WSR 98-01-
037), as adopted by reference by WADOE;
    3. An inventory of the known, designated facility, along with 
estimates of their toxic air emissions;
    4. Emission limits that are as protective as the EG;
    5. A compliance date 1 year from the date of SCAPCA's rule 
effective date;
    6. Testing, monitoring, reporting and recordkeeping requirements 
for the designated facility;
    7. Records from the public hearing; and
    8. Provisions for progress report to EPA.
    The Washington State Plan was reviewed for approval against the 
following criteria: 40 CFR 60.23 through 60.26, subpart B--Adoption and 
Submittal of State Plans for Designated Facilities; and, 40 CFR 60.30b 
through 60.39b, subpart Cb--Emission Guidelines and Compliance Times 
for Municipal Waste Combustors. Based upon our review of the 
submission, EPA has determined that the Washington State Plan for 
existing large MWC's satisfies all the requirements for section 111(d) 
of the Clean Air Act approval. Accordingly, we are approving this State 
Plan. A detailed discussion of our evaluation of the Washington State 
Plan is included in our technical support document, located in the 
official file for this action.

V. Is My MWC Subject to These Regulations?

    The EG for existing MWCs affect any MWC built on or before 
September 20, 1994 and which combust at least 250 tons of municipal 
solid waste a day. If your facility meets this criterion, you are 
subject to these regulations.

VI. What Steps Do I Need To Take?

    If you are a designated source, as defined under 40 CFR part 60, 
subpart

[[Page 41293]]

Cb, you must comply with the all the requirements as adopted under 
SCAPCA regulations, section 6.17. In general, you must comply with all 
the requirements of regulations listed within the State Plan within one 
year from the date we approve it; however, there are provisions to 
extend your compliance date. See 40 CFR 60.39b.

VII. Administrative Requirements

A. Executive Order 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995, memorandum from Mary Nichols, Assistant Administrator 
for Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.

B. Executive Order 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a State, local or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments, or EPA consults with those governments. If EPA complies by 
consulting, E.O. 12875 requires EPA to provide to the OMB a description 
of the extent of EPA's prior consultation with representatives of 
affected State, local and tribal governments, the nature of their 
concerns, copies of any written communications from the governments, 
and a statement supporting the need to issue the regulation. In 
addition, E.O. 12875 requires EPA to develop an effective process 
permitting elected officials and other representatives of State, local 
and tribal governments ``to provide meaningful and timely input in the 
development of regulatory proposals containing significant unfunded 
mandates.''
    Today's rule does not create a mandate on State, local, or tribal 
governments. The rule does not impose any enforceable rules on any of 
these entities. This action does not create any new requirements but 
simply approves requirements that the State is already imposing. 
Accordingly, the requirements of section 1(a) of E.O. 12875 do not 
apply to this rule.

C. Executive Order 13045

    Executive Order 13045, entitled ``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 E.O. 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.
    The EPA interprets E.O. 13045 as applying only to those regulatory 
actions that are based on health or safety risks, such that the 
analysis required under section 5-501 of the Order has the potential to 
influence the regulation. This final rule is not subject to E.O. 13045 
because it approves a State program.

D. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, E.O. 13084 requires EPA to 
provide to the OMB, in a separately identified section of the preamble 
to the rule, a description of the extent of EPA's prior consultation 
with representatives of affected tribal governments, a summary of the 
nature of their concerns, and a statement supporting the need to issue 
the regulation. In addition, E.O. 13084 requires EPA to develop an 
effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.''
    Today's rule does not significantly or uniquely affect the 
communities of Indian tribal governments. This action does not involve 
or impose any requirements that affect Indian tribes. Accordingly, the 
requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., 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, 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.
    Pursuant to section 605(b) of the Regulatory Flexibility Act, I 
certify that this rule will not have a significant economic impact on a 
substantial number of small entities. This Federal action approves pre-
existing requirements under federal, State or local law, and imposes no 
new requirements on any entity affected by this rule, including small 
entities. Therefore, these amendments will not have a significant 
impact on a substantial number of small entities.

F. Unfunded Mandates

    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 informing and advising any small governments that may be 
significantly or uniquely impacted on by the rule.
    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 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.

G. 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

[[Page 41294]]

of the United States. The 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. 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). This rule will be effective September 28, 1999.

H. 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 September 28, 1999. 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), 42 
U.S.C. 7607(b)(2)).

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Municipal Waste 
Combustors, Reporting and recordkeeping requirements.

    Dated: July 19, 1999.
Randall F. Smith,
Acting Regional Administrator, Region 10.
    Note: Incorporation by reference of the Implementation Plan for 
the State of Washington was approved by the Director of the Office 
of Federal Register on July 1, 1982.

    40 CFR Part 62 of the Code of Federal Regulations is amended as 
follows:

    1. The authority citation for Part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401-7642.

Subpart WW--Washington

    2. Sections 62.11860 and 62.11870 are added, along with 
undesignated centerheads, to subpart WW, reading as follows:

Plans for the Control of Designated Pollutants From Existing 
Facilities (Section 111(d) Plan)


Sec. 62.11860  Identification of Plan.

    (a) Identification of Plan. Washington State Designated Facility 
Plan (Section 111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of metals, acid gases, organic compounds and nitrogen 
oxide emissions from existing municipal waste combustors was submitted 
by State of Washington Department of Ecology on January 4, 1999.
    (2) RESERVED.
    (c) Designated Facilities. The plan applies to existing facilities 
in the following category of sources:
    (1) Existing municipal waste combustors.
    (2) [RESERVED]

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions 
From Existing Municipal Waste Combustors With the Capacity to 
Combust Greater Than 250 Tons Per Day of Municipal Solid Waste


Sec. 62.11870  Identification of sources.

    The plan applies to existing facilities at the following municipal 
waste combustor sites:
    (1) Spokane Regional Solid Waste System, Spokane, WA.
    (2) [RESERVED]
[FR Doc. 99-19431 Filed 7-29-99; 8:45 am]
BILLING CODE 6560-50-P