[Federal Register Volume 66, Number 235 (Thursday, December 6, 2001)]
[Rules and Regulations]
[Pages 63311-63313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30098]



[[Page 63311]]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 62

[CT067-7224a; A-1-FRL-7106-4]


Approval and Promulgation of Air Quality Implementation Plans; 
Connecticut; Revisions to State Plan for Municipal Waste Combustors and 
Incorporation of Regulation Into State Implementation Plan for Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The EPA is approving revisions to Connecticut's State Plan for 
Municipal Waste Combustors (MWC) submitted by the Connecticut 
Department of Environmental Protection (DEP) on November 28, 2000 and 
October 15, 2001. The MWC State Plan implements and enforces provisions 
at least as protective as the EPA's Emission Guidelines (EGs) 
applicable to existing MWC units with capacity to combust more than 250 
tons per day of municipal solid waste. Further, the EPA is approving a 
State Implementation Plan (SIP) revision submitted by the State of 
Connecticut on October 15, 2001. This is a SIP-strengthening revision 
that incorporates the nitrogen oxide limits and related regulatory 
provisions of Connecticut's adopted Regulation Section 22a-174-38, 
Municipal Waste Combustors, into the SIP to further reduce emissions of 
nitrogen oxides (NOX) from MWC units. The EPA proposed 
approval of these revisions on August 24, 2001, and received no 
comments during the public comment period which ended September 24, 
2001. These actions are being taken under the Clean Air Act.

EFFECTIVE DATE: This rule will become effective on January 7, 2002.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours, by 
appointment at the Office of Ecosystem Protection, U.S. Environmental 
Protection Agency, EPA New England Regional Office, One Congress 
Street, 11th floor, Boston, MA; Air and Radiation Docket and 
Information Center, U.S. Environmental Protection Agency, Room M-1500, 
401 M Street, (Mail Code 6102), SW., Washington, DC; and the Bureau of 
Air Management, Department of Environmental Protection, State Office 
Building, 79 Elm Street, Hartford, CT 06106-1630.

FOR FURTHER INFORMATION CONTACT: Daniel Brown, (617) 918-1532 or 
[email protected].

SUPPLEMENTARY INFORMATION: In the following text the terms ``we,'' 
``us,'' or ``our'' mean the EPA. This notice is organized according to 
the following Table of Contents.

I. What was our Proposed Rulemaking on the Connecticut DEP's 
Revisions to the MWC Plan and SIP?
II. What was Connecticut DEP's final MWC Plan and SIP Revision?
III. What Action is the EPA Taking Today?
IV. What are the Administrative Requirements?

I. What Was Our Proposed Rulemaking on the Connecticut DEP's 
Revisions to the MWC Plan and SIP?

    On August 24, 2001 we published a Notice of Proposed Rulemaking 
(NPR) for the Connecticut DEP's November 28, 2000 revision to its 
Municipal Waste Combustor (MWC) Plan and its June 4, 2001 proposed 
revision to its State Implementation Plan (SIP) for ozone. Please refer 
to our proposed rule published in the Federal Register on August 24, 
2001 (66 FR 44582) for more information on the Connecticut DEP's 
submittals. Briefly, the November 28, 2000 submittal consisted of the 
revised Connecticut regulation 22a-174-38, Municipal Waste Combustors, 
which Connecticut DEP adopted and which became effective on October 26, 
2000. The June 4, 2001 submittal consisted of the revised regulation 
22a-174-38 and a request that the nitrogen oxide (NOX) 
limits and related regulatory provisions be incorporated into the SIP 
to further reduce NOX emissions from MWC units.
    In our August 24, 2001 action, we proposed approval of the SIP 
revision through parallel processing. Under the parallel processing 
procedure, we work closely with the Connecticut DEP while it is 
developing its revision to its SIP. The State submitted its proposed 
SIP revision to us concurrent with its public hearing. We reviewed this 
proposed state action, and published our notice of proposed rulemaking 
and request for comments in the Federal Register on August 24, 2001.
    We did not receive any comments on our proposed approval and the 
Connecticut DEP addressed all comments it received during its public 
comment period as described below.

II. What Was Connecticut DEP's Final MWC Plan and SIP Revision?

    On October 15, 2001, Connecticut DEP submitted its final MWC Plan 
revision and SIP revision to the EPA for approval. The submittal 
includes the final regulation 22a-174-38 (state MWC rule), a 
certification of public hearing and a hearing report which responds to 
all public comments raised during the Connecticut DEP's public hearing 
on July 10, 2001.
    Connecticut DEP's final MWC Plan revision and SIP revision 
submitted on October 15, 2001 is substantially the same as the June 4, 
2001 proposed SIP revision which we proposed to approve on August 24, 
2001. Therefore, in this action we are fully approving the MWC Plan and 
SIP revision. The rationale for our action is explained in the NPR and 
will not be restated here. No public comments were received on the NPR.

III. What Action Is the EPA Taking Today?

    EPA is approving Connecticut DEP's revisions to its MWC Plan and 
approving the provisions of the MWC regulation pertaining to 
NOX controls into the ozone SIP.

IV. What Are the Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and

[[Page 63312]]

responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power and 
responsibilities established in the Clean Air Act. This rule also is 
not subject to Executive Order 13045 ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), because it is not economically significant.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
State to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not 
impose an information collection burden under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
    The Congressional Review Act, 5 U.S.C. section 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. 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. 
section 804(2).
    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 February 4, 2002. 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

40 CFR Part 52

    Air pollution control, Incorporation by reference, 
Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and 
recordkeeping requirements, Incorporation by reference.

40 CFR Part 62

    Administrative practice and Procedures, Air pollution control, 
Intergovernmental relations, Reporting and recordkeeping requirements, 
Waste treatment and disposal.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: November 9, 2001.
Robert W. Varney,
Regional Administrator, EPA New England.

    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart H--Connecticut

    2. Section 52.370 is amended by adding paragraph (c)(90) to read as 
follows:


Sec. 52.370  Identification of plan.

* * * * *
    (c) * * *
    (90) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on October 15, 2001, 
to incorporate the nitrogen oxide limits and related regulatory 
provisions of regulation 22a-174-38, Municipal Waste Combustors.
    (i) Incorporation by reference.
    (A) The nitrogen oxide emission limits and related regulatory 
provisions of State of Connecticut Regulation of Department of 
Environmental Protection Section 22a-174-38, Municipal Waste Combustors 
effective October 26, 2000, included in sections 22a-174-38 (a), (b), 
(c), (d), (i), (j), (k), (l), and (m).
    (ii) Additional material.
    (A) Letter from the Connecticut Department of Environmental 
Protection dated October 15, 2001, submitting a revision to the 
Connecticut State Implementation Plan.

    2. In Sec. 52.385, Table 52.385 is amended by adding in numerical 
order a new entry for ``22a-174-38'' to read as follows:


Sec. 52.385  EPA-approved Connecticut regulations.

* * * * *

                                                         Table 52.385.--EPA-Approved Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         Dates
                                                              --------------------------
     Connecticut State  citation           Title/subject           Date         Date         Federal Register      Section       Comments/description
                                                                adopted by  approved by          citation           52.370
                                                                  State         EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                   *                  *                  *                  *                  *                  *                  *
22a-174-38..........................  Municipal Waste           10/26/2000      12/6/01  [Insert FR citation          c(90)  The nitrogen oxide emission
                                       Combustors.                                        from published date].               limits and related
                                                                                                                              regulatory provisions of
                                                                                                                              22a-174-38, Municipal
                                                                                                                              Waste Combustors, included
                                                                                                                              in sections 22a-174-38
                                                                                                                              (a), (b), (c), (d), (i),
                                                                                                                              (j), (k), (l), and (m).
 
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 63313]]

PART 62--[AMENDED]

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

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

Subpart H--Connecticut

    2. Section 62.1500 is amended by adding paragraph (b)(2) to read as 
follows:


Sec. 62.1500  Identification of plan.

* * * * *
    (b) * * *
    (2) Revisions to Plan for Implementing the Municipal Waste 
Combustor Guidelines and New Source Performance Standards, submitted by 
the Connecticut Department of Environmental Protection on October 15, 
2001 and including Connecticut DEP's revised regulation 22a-174-38. 
Certain provisions of the revised regulation 22a-174-38 submitted with 
the MWC Plan are stricken from the regulatory text. The stricken 
provisions include standards for MWC units constructed after September 
20, 1994, more stringent mercury emission standards, and shutdown 
provisions for mass burn refractory MWC units.
* * * * *
[FR Doc. 01-30098 Filed 12-5-01; 8:45 am]
BILLING CODE 6560-50-P