[Federal Register Volume 64, Number 162 (Monday, August 23, 1999)]
[Rules and Regulations]
[Pages 45880-45885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21658]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[PA118-4080a; FRL-6426-1]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants; Pennsylvania; Large Municipal 
Waste Combustors (MWCs)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is granting conditional approval of the Commonwealth of 
Pennsylvania's municipal waste combustor (MWC) 111(d)/129 plan 
submitted by the Pennsylvania Department of Environmental Protection, 
Bureau of Air Quality, on April 27, 1998, and as amended on September 
8, 1998. This action is a conditional approval because the submitted 
plan does not contain an expeditious compliance schedule for the 
supplemental MWC emissions guidelines (EG) limits promulgated on August 
25, 1997. The plan was submitted to fulfill requirements of the Clean 
Air Act (CAA), and the EG that are applicable to existing MWC 
facilities with an individual unit combustor capacity greater than 250 
tons per day (TPD) of municipal solid waste. An existing MWC unit is 
one for which construction commenced on or before September 20, 1994.

DATES: This final rule is effective October 22, 1999 unless, on or 
before September 22, 1999, adverse or critical comments are received. 
If adverse comment is received, EPA 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 mailed to Makeba A. Morris, Chief, Technical 
Assessment Branch, Mailcode 3AP22, Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies 
of the documents relevant to this action are available for public 
inspection during normal business hours at the above EPA address and by 
contacting Krishnan Ramamurthy at the Pennsylvania Department of 
Environmental Protection, Bureau of Air Quality, Rachel Carson State 
Office Building, 400 Market Street, Harrisburg, Pennsylvania 17105-
8468.

FOR FURTHER INFORMATION CONTACT: James B. Topsale at (215) 814-2190, or 
by e-mail at [email protected]. While information may be obtained 
via e-mail, any comments must be submitted, in writing, as indicated in 
the ADDRESSES section of this document.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 111(d) of the CAA requires that ``designated'' pollutants 
controlled under standards of performance for new stationary sources by 
Section 111(b) of the CAA must also be controlled at existing sources 
in the same source category. Also, Section 129 of the CAA specifically 
addresses solid waste combustion. It requires EPA to establish emission 
guidelines (EG) for MWC units and requires states to develop state 
plans for implementing the promulgated EG. The Part 60, Subpart Cb, EG 
for MWC units differ from other EG adopted in the past because the rule 
addresses both Sections 111(d) and 129 CAA requirements. Section 129 
requirements override certain related aspects of Section 111(d).
    On December 19, 1995, pursuant to Sections 111 and 129 of the CAA, 
EPA promulgated new source performance standards (NSPS) applicable to 
new MWCs (i.e., those for which construction was commenced after 
September 20, 1994) and EG applicable to existing MWCs. The NSPS and EG 
are codified at 40 CFR Part 60, Subparts Eb and Cb, respectively. See 
60 FR 65387 and 65415. Subparts Eb and Cb regulate MWC emissions. 
Emissions from MWCs contain organics (dioxin/furans), metals (cadmium, 
lead, mercury, particulate matter, opacity), and acid gases,

[[Page 45881]]

(hydrogen chloride, sulphur dioxide, and nitrogen oxides).
    On April 8, 1997, the United States Court of Appeals for the 
District of Columbia Circuit vacated Subparts Cb and Eb as they apply 
to MWC units with capacity to combust less than or equal to 250 tons 
per day (TPD) of municipal solid waste (MSW), consistent with their 
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, Subparts Cb and Eb were amended to apply only 
to MWC units with the capacity to combust more than 250 TPD of MSW per 
unit (i.e., large MWC units). Also, the amended EG made minor revisions 
to the emissions limitations for four pollutants--hydrogen chloride, 
sulfur dioxide, oxides of nitrogen, and lead. The amended requirements 
of the NSPS and EG were published in the Federal Register on August 25, 
1997. See 62 FR 45119 and 45124 for the EG amendments.
    Section 129(b)(2) of the CAA requires States to submit to EPA for 
approval state plans that implement and enforce the EG. State Plans 
must be ``at least as protective'' as the EG, and become Federally 
enforceable upon approval by EPA. The procedures for adoption and 
submittal of State Plans are codified in 40 CFR Part 60, Subpart B. EPA 
originally promulgated the Subpart B provisions on November 17, 1975. 
However, EPA amended Subpart B on December 19, 1995, to allow the 
source specific subparts developed under Section 129 to include 
requirements that supersede the general provisions in Subpart B 
regarding the schedule for submittal of State Plans, the stringency of 
the emission limitations, and the compliance schedules. See 60 FR 
65414.
    As required by Section 129(b)(3) of the CAA, on November 12, 1998 
EPA promulgated a Federal Implementation Plan (FIP) for large MWCs that 
commenced construction on or before September 20, 1994. The FIP is a 
set of emissions limits, compliance schedules, and other requirements 
that implement the MWC EG, as amended. The FIP is applicable to those 
large existing MWCs not specifically covered by an approved State plan 
under Sections 111(d) and 129 of the CAA. Also, it fills a Federal 
enforceability gap until State plans are approved and ensures that the 
MWC units stay on track to complete pollution control equipment 
retrofit schedules to meet the final statutory compliance date of 
December 19, 2000. However, the FIP no longer applies once a State plan 
is approved. Unlike a FIP for sources regulated under Sections 110 or 
172, the Section 111(d)/129 FIP imposes no statutory or other sanctions 
because of deficient or unapproved state plans. An approved State plan 
is a State plan that EPA has reviewed and approved based on the 
requirements of 40 CFR Part 60, Subpart B to implement and enforce 40 
CFR Part 60, Subpart Cb. See 63 FR 63192.
    As noted above, emissions from MWCs contain organics (dioxin/
furans), metals (cadmium, lead, mercury, particulate matter, opacity), 
and acid gases, (hydrogen chloride, sulphur dioxide, and nitrogen 
oxides). These pollutants can cause adverse effects to the public 
health and the environment. Dioxin, lead and mercury can bioaccumulate 
in the environment. Acid gases contribute to the acid rain that lowers 
the pH of surface waters and watersheds, harms forests, and damages 
buildings. In addition, nitrogen oxides emissions can contribute to the 
formation of ground level ozone, which is associated with a number of 
adverse health and environmental effects.

II. Review of the Commonwealth of Pennsylvania's MWC 111(d)/129 
Plan

    EPA has reviewed the Commonwealth of Pennsylvania's ( the 
``Commonwealth'') 111(d)/129 plan for existing large MWC units in the 
context of the requirements of 40 CFR Part 60, and Subparts B and Cb, 
as amended. A summary of that review is provided below.

A. Identification of Enforceable State Mechanism for Implementing the 
EG

    The regulation at 40 CFR 60.24(a) requires that the Section 111(d) 
plan include emissions standards, defined in 40 CFR 60.21(f) as ``a 
legally enforceable regulation setting forth an allowable rate of 
emissions into the atmosphere, or prescribing equipment specifications 
for control of air pollution emissions.'' EPA interprets the term 
``regulation'' in 60.21(f) to include, in addition to a uniform state 
requirement or state rule, other mechanisms that are legally 
enforceable under state law. These other mechanisms could include, for 
example, an administrative order, a compliance order, or a state 
operating permit. A state may select these other enforceable mechanisms 
provided that the state demonstrates that it has the underlying 
authority and demonstrates that the selected mechanism is state 
enforceable. Additional guidance on this matter is found in EPA's 
``Municipal Waste Combustion: Summary of the Requirements for Section 
111(d)/129 Plans for Implementing the Municipal Waste Combustor 
Emission Guidelines (EPA-456R-96-003, July 1996). On December 27, 1997, 
the Pennsylvania Department of Environmental Protection (PADEP) adopted 
and incorporated by reference (27 Pa. B. 6809) the federal EG for MWCs. 
Subsequently, on April 27, 1998 the PADEP submitted to EPA its MWC 
111(d)/129 plan. At the time of submittal, the PADEP recognized that 
the plan did not contain the required legally enforceable mechanism and 
compliance dates to implement the adopted EG and related plan. On 
September 8, 1998, the PADEP submitted five (5) MWC federally 
enforceable state operating permits (FESOPs) and one (1) MWC plan 
approval (i.e., construction permit) to serve as the legally 
enforceable mechanisms for implementating its 111(d)/129 plan. Under 
the terms and conditions of the submitted permits, the applicable EG 
requirements (Subpart Cb) are nonexpiring and continue in full force 
and effect until modified by the PADEP as a 111(d)/129 plan revision. 
The PADEP has met the requirements of 40 CFR 60.24(a) to have legally 
enforceable emission standards.

B. Demonstration of Legal Authority

    Title CFR 60.26 requires the 111(d) plan to demonstrate that the 
State has legal authority to adopt and implement the emission standards 
and compliance schedules. As noted above, a state may select the use of 
an enforceable mechanism, other than a regulation, to implement the 
plan, providing the state demonstrates its legal authority to enforce 
the mechanism. The 111(d)/129 plan submitted by PADEP includes a legal 
opinion that the PADEP has sufficient statutory and regulatory 
authority under its plan approval (under Pennsylvania regulations a 
plan approval is a permit to construct) and state operating permit 
programs to implement applicable requirements adopted under Sections 
111(d) and 129 of the CAA. A copy of the Commonwealth's Air Pollution 
Control Act (35 P.S. 4001 et. seq.) and the applicable regulations in 
25 Pa. Code Article III (relating to air resources) for the issuance of 
plan approvals, State operating permits, and Title V permits were also 
submitted with the 111(d)/129 plan. The PADEP has demonstrated that it 
has the legal authority to adopt and implement the emission standards 
and compliance schedules governing MWC emissions. This meets the 
requirements of 40 CFR 60.26.

C. Inventory of MWCs in Pennsylvania Affected by the EG

    Title 40 CFR 60.25(a) requires the 111(d) plan to include a 
complete source inventory of all existing large

[[Page 45882]]

MWCs (i.e., unit capacity greater than 250 TPD). The PADEP has 
identified six (6) facilities with individual MWC units having 
combustion capacities greater than 250 TPD. The Commonwealth of 
Pennsylvania inventory of existing large MWC units identifies the 
following MWC plants: (1) American Ref-Fuel of Delaware Valley, LP 
(formerly Delaware County Resource Recovery Facility); (2) the 
Harrisburg Materials, Energy, Recycling and Recovery Facility; (3) 
Lancaster County Solid Waste Management Authority; (4) Montenay 
Montgomery Limited Partnership; (5) Wheelabrator Falls, Inc., Bucks 
County; and (6) York County Resource Recovery Center.

D. Inventory of Emissions From MWCs in Pennsylvania

    Title 40 CFR 60.25(a) requires that the plan include an emissions 
inventory that estimates emissions of the pollutant regulated by the 
EG. Emissions from MWCs contain organics (dioxin/furans), metals 
(cadmium, lead, mercury, particulate matter, opacity), and acid gases 
(hydrogen chloride, sulphur dioxide, and nitrogen oxides). For each MWC 
plant, the PADEP plan contains information on estimated MWC emission 
rates in terms of concentrations and mass emissions rates. The 
emissions rates data were obtained from source stack tests, continuous 
emission monitors, and utilization of EPA estimating procedures (AP-
42). This meets the emission inventory requirements of 40 CFR 60.25(a).

E. Emission Limitations for MWCs

    Title 40 CFR 60.24(c) specifies that the State plan must include 
emission standards that are no less stringent than the EG, except as 
specified in 40 CFR 60.24(f) which allows for less stringent emission 
limitations on a case-by-case basis if certain conditions are met. 
However, this exception clause is superseded by Section 129(b)(2) of 
the CAA which requires that state plans be ``at least as protective'' 
as the EG. Title 40 CFR 60.33b of the EG contain the emissions 
limitation applicable to existing large MWCs. The FESOPs and plan 
approval submitted by PADEP reference applicable emissions limitations 
that are consistent and ``at least as protective'' as those in the EG, 
as amended.

F. Compliance Schedules

    A state Section 111(d) plan must include a compliance schedule that 
owners and operators of affected MWCs must meet in complying with the 
requirements of the plan. Any proposed revision to a compliance 
schedule is subject to the requirements of Subpart B, 60.28, Plan 
revisions by the State. Title 40 CFR 60.39b of the EG provides that 
planning, awarding of contracts, and installation of air emission 
collection and control equipment capable of meeting the EG requirements 
must be accomplished within 3 years of EPA plan approval, but in no 
case later than December 19, 2000. As a result of the Davis County 
litigation, noted above, compliance with supplemental EG emissions 
limits for lead, sulfur dioxide, hydrogen chloride, and nitrogen oxides 
could extend until August 26, 2002, or 3 years after EPA approval of 
the 111(d)/129 plan, whichever is earlier. However, Section 129(f)(2) 
of the CAA states that requirements promulgated pursuant to Sections 
111 and 129 must be effective ``as expeditiously as practicable after 
approval of a State plan.''
    The PADEP submittal requires compliance with the original 1995 EG 
emissions limits no later than December 19, 2000. However, PADEP's 
submittal requires compliance with the 1997 EG supplemental emissions 
limits later than August 26, 2002, or 3 years after EPA approval of the 
111(d)/129 plan, whichever is earlier. In accordance with Section 
129(f)(2) and the FIP promulgated for MWCs and its background 
information document, EPA has determined that the final compliance 
dates for the supplemental emissions limits, stipulated in the 111(d)/
129 plan FESOPs and plan approval submitted by PADEP are not 
expeditious. See 63 FR 63196. The exception is the Harrisburg MWC 
facility permit which requires the permittee to cease operation no 
later than December 19, 2000. The same types of air pollution control 
technology serve as the basis for both the 1995 EG limits and the 1997 
EG amended (supplemental) limits. That technology consists of spray 
dryer/fabric filter or electrostatic precipitator (ESP), carbon 
injection, and selective non-catalytic reduction (SNCR) for non-
refractory combustor types. The plan submitted by PADEP contains no 
economic, technical, or other rationale to justify a compliance date 
extension until August 26, 2002 for the supplemental emissions limits.
    Title 40 CFR 60.24(e)(1) provides that any compliance schedule, 
extending more than 12 months from the date required for plan 
submittal, shall include legally enforceable increments of progress as 
specified in 40 CFR 60.21(h), including deadlines for submittal of a 
final control plan, awarding of contracts for emission control systems, 
initiation of on-site construction or installation of emission control 
equipment, completion of on-site construction/ installation of emission 
control equipment, and final compliance. In addition, 40 CFR 60.39b 
requires that all large MWCs for which construction was commenced after 
June 26, 1987 must meet the mercury and dioxins/furans emissions 
limitations within one year following issuance of a revised 
construction or operating permit, if a permit modification is required, 
or within one year following EPA approval of the State plan, whichever 
is later. The MWC FESOPs and plan approval establish interim and final 
compliance schedules, as required by 40 CFR 60.24(e)(1), and 60.39b. 
However, as noted above, Section 129(f)(2) of the CAA stipulates that 
requirements promulgated pursuant to Sections 111 and 129 must be 
effective ``as expeditiously as practicable after approval of a State 
plan.''
    Therefore, EPA is approving the FESOPs and plan approval interim 
and final compliance schedules submitted by PADEP for the original 1995 
EG emissions limits, but is not approving PADEP's final compliance 
schedule (August 26, 2002, or 3 years after EPA approval of the state 
plan, whichever is earlier) for the 1997 supplemental emissions limits 
submitted by PADEP. See 62 FR 45116. EPA is granting conditional 
approval of the 111(d)/129 plan submitted on August 27, 1998 and as 
amended September 8, 1998 for MWCs. EPA will fully approve the final 
compliance schedule for the supplemental emissions limits after the 
PADEP submits amended FESOPs, or some other appropriate State 
enforceable mechanism, to require final compliance of the 1997 
supplemental emission limits by no later than December 19, 2000. In the 
interim, the December 19, 2000 compliance date provisions for meeting 
the 1997 supplemental emission limits, imposed in the FIP promulgated 
on November 12, 1998, shall continue to apply to the sources in 
Pennsylvania.

H. Testing, Monitoring, Record Keeping, and Reporting Requirements

    The EG at 40 CFR 60.38b and 60.39b cross reference applicable NSPS 
requirements (Subpart Eb) for MWCs relating to performance testing, 
monitoring, reporting and recordkeeping requirements that state plans 
must include. The FESOPs and plan approval submitted by PADEP meet the 
requirements of 40 CFR 60.38b and 60.39b.

[[Page 45883]]

I. A Record of Public Hearing on the State Plan

    Public hearings were held in Conshohocken and Harrisburg, PA on 
January 7 and 8, 1998, respectively. Notices for both hearings were 
published in the PA Register and two newspapers on December 6, 1997, 
and one newspaper on December 7, 1997, more than 30 days prior to the 
respective public hearing dates. The State plan includes the records 
from both of the noted public hearings. The PADEP certified on April 
27, 1998 that the 40 CFR 60.23 public hearing requirements were met. 
The state provided evidence of complying with EPA public notice and 
other hearing requirements, including a record of public comments 
received. The 40 CFR 60.23 requirement for a public hearing on the 
111(d)/129 plan has been met by the PADEP.

J. Provision for Annual State Progress Reports to EPA

    The PADEP will submit to EPA on an annual basis a report which 
details the progress in the enforcement of the MWC 111(d)/129 plan in 
accordance with 40 CFR 60.25. The first progress report will be 
submitted to EPA one year after the approval of Commonwealth's MWC 
111(d)/129 plan by EPA.

III. Final Action

    Based upon the rationale discussed above and in further detail in 
the technical support document (TSD) associated with this action, EPA 
is conditionally approving the Commonwealth of Pennsylvania's MWC 
111(d)/129 plan for the control of MWC emissions from affected 
facilities. With the explicit exception of the compliance schedule and 
date for meeting the 1997 supplemental emissions limits, the provisions 
of the FIP promulgated on November 12, 1998 no longer apply to affected 
facilities in the Commonwealth. The provisions of the November 12, 1998 
FIP for MWCs promulgated on November 12, 1998 regarding the compliance 
schedule and date for meeting the 1997 supplemental emissions limits 
continue to apply to affected facilities in the Commonwealth. EPA's 
approval of the Commonwealth's 111(d)/129 plan is conditioned upon the 
submittal of a 111(d)/129 plan revision that contains an enforceable 
mechanism(s) that requires affected facilities to be in full compliance 
with all supplemental emissions limits (lead, sulfur dioxide, hydrogen 
chloride, and nitrogen oxides) no later than December 19, 2000. That 
submittal must be made by the Commonwealth to EPA by no later than 
August 22, 2000. If Pennsylvania fails to meet the condition by the due 
date indicated above, EPA will notify the PADEP by letter that the 
condition of this plan approval has not been met, that the conditional 
approval of its 111(d)/129 plan for MWCs has converted to a 
disapproval, and that the entire FIP for MWCs promulgated on November 
12, 1998 (63 FR 63191) has been reinstated in the Commonwealth. 
Subsequently, a notice will be published in the Federal Register 
announcing that the Commonwealth's MWC 111(d)/129 whole plan has been 
disapproved and the entire FIP promulgated on November 12, 1998 will be 
reinstated. Upon fulfillment of the condition by the due date 
specified, EPA's conditional approval shall be converted to a full 
approval and the provisions of the FIP for MWCs promulgated on November 
12, 1998 (63 FR 63191) relating to the compliance schedule for 
supplemental emissions limits shall no longer apply in the 
Commonwealth.
    The 1995 original and 1997 supplemental emissions limitations and 
compliance schedule requirements are not applicable to the Harrisburg 
MWC facility provided it ceases operation no later than December 19, 
2000, as stipulated under the terms and conditions of its FESOP, and 
remains shut down.
    The submitted FESOPs and plan approval include PADEP new source 
review and other requirements that are outside the scope of the 111(d)/
129 plan requirements. EPA is taking no action on those PADEP 
requirements that are outside the scope of the EG and 111(d)/129 plan 
requirements. As provided by 40 CFR 60.28(c), any revisions to the 
Commonwealth's MWC 111(d)/129 plan or associated regulations, FESOPs, 
and plan approval will not be considered part of the applicable plan 
until submitted by the PADEP in accordance with 40 CFR 60.28(a) or (b), 
as applicable, and until approved by EPA in accordance with 40 CFR Part 
60, Subpart B, requirements.
    EPA is publishing this action without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in the proposed rules section of this 
Federal Register publication, EPA is publishing a separate document 
that will serve as the proposal to approve the 111(d) plan should 
relevant adverse or critical comments be filed. This rule will be 
effective October 22, 1999 without further notice unless the Agency 
receives relevant adverse comments by September 22, 1999.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect, and that the MWC FIP requirements remain in effect. 
All public comments received will then be addressed in a subsequent 
final rule based on the proposed rule. EPA will not institute a second 
comment period on this rule. Only parties interested in commenting on 
this rule should do so at this time. If no such comments are received, 
the public is advised that this rule will be effective on October 22, 
1999 and no further action will be taken on the proposed rule.

IV. Administrative Requirements

A. Executive Orders 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from review under Executive Order (E.O.) 12866, 
entitled ``Regulatory Planning and 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. If EPA complies by consulting, E.O. 12875 requires EPA to 
provide to the Office of Management and Budget 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 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 duties on these 
entities. Accordingly, the requirements of Section 1(a) of E.O. 12875 
do not apply to this rule.

C. Executive Order 13045

    E.O. 13045, entitled ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies 
to any rule that the EPA determines (1) is ``economically 
significant,'' as defined under E.O. 12866, and (2) the environmental 
health

[[Page 45884]]

or safety risk addressed by the rule has 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.
    This final rule is not subject to E.O. 13045 because it is not an 
economically significant regulatory action as defined by E.O. 12866, 
and it does not address an environmental health or safety risk that 
would have a disproportionate effect on children.

D. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects 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. If EPA complies by 
consulting, E.O. 13084 requires EPA to provide to the Office of 
Management and Budget, 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 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

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. Pursuant to Section 605(b) of the RFA, 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 
annual 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 by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated annual 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 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).

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 October 22, 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).)

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 requirement.

    Dated: August 11, 1999.
W. Michael McCabe,
Regional Administrator, Region III.

    40 CFR Part 62, Subpart NN, is amended as follows:

Part 62--[AMENDED]

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

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

Subpart NN--Pennsylvania

    2. A new center heading and Secs. 62.9640, 62.9641, and 62.9642 are 
added to read as follows:

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions 
From Existing Municipal Waste Combustors With a Unit Capacity 
Greater Than 250 Tons per Day


Sec. 62.9640  Identification of plan.

    The 111(d)/129 plan for municipal waste combustors (MWC) with a 
unit capacity greater than 250 tons per day (TPD) and the associated 
Pennsylvania Department of Environmental Protection five (5) MWC 
federally enforceable state operating permits (FESOPs) and one (1) MWC 
plan approval (i.e., construction permit) that were submitted to EPA on 
April 27, 1998 and as amended on September 8, 1998. The 111(d)/129 plan 
is conditionally approved pending receipt, within one year of EPA plan 
approval, of an enforceable mechanism that requires affected facilities 
to be in compliance no later than December 19, 2000, with the 1997 MWC 
emissions

[[Page 45885]]

guidelines' supplemental emissions limits.


Sec. 62.9641  Identification of sources.

    The plan applies to all existing MWC facilities with a MWC unit 
capacity greater than 250 TPD of municipal solid waste.


Sec. 62.9642  Effective date.

    The effective date of the 111(d)/129 plan is October 22, 1999.

[FR Doc. 99-21658 Filed 8-20-99; 8:45 am]
BILLING CODE 6560-50-P