[Federal Register Volume 67, Number 19 (Tuesday, January 29, 2002)]
[Rules and Regulations]
[Pages 4179-4181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2119]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[FRL-7134-7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving the Commercial and Industrial Solid Waste 
Incineration (CISWI) section 111(d) negative declarations submitted by 
the states of Kansas, Missouri, and Nebraska. These negative 
declarations certify that CISWI units subject to the requirements of 
sections 111(d) and 129 of the Clean Air Act (CAA) do not exist in 
these states.

DATES: This direct final rule will be effective April 1, 2002 unless 
EPA receives adverse comments by February 28, 2002. If adverse comments 
are received, EPA will publish a timely withdrawal of the direct final 
rule in the Federal Register informing the public that the rule will 
not take effect.

ADDRESSES: Comments may be mailed to Wayne Kaiser, Environmental 
Protection Agency, Air Planning and Development Branch, 901 North 5th 
Street, Kansas City, Kansas 66101.
    Copies of documents relative to this action are available for 
public inspection during normal business hours at the above-listed 
Region 7 location. The interested persons wanting to examine these 
documents

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should make an appointment with the office at least 24 hours in 
advance.

FOR FURTHER INFORMATION CONTACT: Wayne Kaiser at (913) 551-7603.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Information regarding this action is presented in the following 
order:

What is a 111(d) plan?
What are the regulatory requirements for CISWIs?
Why is this action necessary?
What action are we taking in this notice?

What Is a 111(d) Plan?

    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 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 CAA, but 
emissions of which are subject to a standard of performance for new 
stationary sources.

What Are the Regulatory Requirements for CISWIs?

    On December 1, 2000 (65 FR 75338), EPA finalized the section 111(d) 
emission guidelines for existing CISWI units. The emission guidelines 
are codified at 40 CFR part 60, subpart DDDD.
    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 CFR 
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.

Why Is This Action Necessary?

    The states of Kansas, Missouri, and Nebraska have determined there 
are no existing sources in their states subject to the CISWI emission 
guidelines (EG). Consequently, each state has submitted a letter of 
negative declaration certifying this fact. We are therefore announcing 
that these states do not have any sources subject to the EG. If at a 
later date such sources are identified, they will be subject to a 
Federal plan until a state has an approved 111(d) plan.

What Action Are We Taking in This Document?

    We are processing this action as a final action because we do not 
anticipate any adverse comments. Please note that if EPA receives 
adverse comment on an amendment, paragraph, or section of this rule and 
if that provision is severed from the remainder of the rule, EPA may 
adopt as final those provisions of the rule that are not the subject of 
an adverse comment.

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 negative declarations as meeting Federal 
requirements and imposes no additional requirements. 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 state negative declarations and does not impose any additional 
enforceable duty, 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). For the same 
reason, this rule also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This rule will 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 
responsibilities among the various levels of government, as specified 
in Executive Order 13132 (64 FR 43255, August 10, 1999), because it 
merely approves state negative declarations relating to a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the CAA. This rule also is 
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), 
because it is not economically significant.
    In reviewing state plan submissions, our role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the state 
to use voluntary consensus standards (VCS), we have no authority to 
disapprove state submissions for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews state 
submissions, to use VCS in place of state submissions that otherwise 
satisfy the provisions of the CAA. 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. As required by section 3 of 
Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this 
rule, we have taken the necessary steps to eliminate drafting errors 
and ambiguity, minimize potential litigation, and provide a clear legal 
standard for affected conduct. EPA has complied with Executive Order 
12630 (53 FR 8859, March 15, 1988) by examining the takings 
implications of the rule in accordance with the ``Attorney General's 
Supplemental Guidelines for the Evaluation of Risk and Avoidance of 
Unanticipated Takings'' issued under the Executive Order. 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. 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. We will submit a report containing this rule and other 
required information to the United States Senate, the United States 
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).
    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 April 1, 2002. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the

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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 62

    Environmental protection, Administrative practice and procedures, 
Air pollution control, Intergovernmental relations, Nitrogen dioxide, 
Sulfur oxides, Waste treatment and disposal.

    Dated: January 14, 2002.
William Rice,
Acting Regional Administrator, Region 7.

    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 et seq.

Subpart R--Kansas

    2. Subpart R is amended by adding an undesignated center heading 
and Sec. 62.4181 to read as follows:
Air Emissions From Existing Commercial and Industrial Solid Waste 
Incineration Units


Sec. 62.4181  Identification of plan--negative declaration.

    Letter from the Kansas Department of Health and Environment 
submitted November 16, 2001, certifying that there are no commercial 
and industrial solid waste incineration units subject to 40 CFR part 
60, subpart DDDD.

Subpart AA--Missouri

    3. Subpart AA is amended by adding an undesignated center heading 
and Sec. 62.6360 to read as follows:
Air Emissions From Existing Commercial and Industrial Solid Waste 
Incineration Units


Sec. 62.6360  Identification of plan--negative declaration.

    Letter from the Missouri Department of Natural Resources submitted 
May 9, 2001, certifying that there are no commercial and industrial 
solid waste incineration units subject to 40 CFR part 60, subpart DDDD.

Subpart CC--Nebraska

    4. Subpart CC is amended by adding an undesignated center heading 
and Sec. 62.6916 to read as follows:
Air Emissions From Existing Commercial and Industrial Solid Waste 
Incineration Units


Sec. 62.6915  Identification of plan--negative declaration.

    Letter from the Nebraska Department of Environmental Quality 
submitted June 8, 2001, certifying that there are no commercial and 
industrial solid waste incineration units subject to 40 CFR part 60, 
subpart DDDD.

[FR Doc. 02-2119 Filed 1-28-02; 8:45 am]
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