[Federal Register Volume 68, Number 44 (Thursday, March 6, 2003)]
[Rules and Regulations]
[Pages 10659-10661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5306]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[NH-055a; FRL-7458-3]


Approval and Promulgation of State Plans For Designated 
Facilities and Pollutants: New Hampshire; Negative Declaration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving the sections 111(d) negative declaration 
submitted by the New Hampshire Department of Environmental Services 
(DES) on July 22, 1998. This negative declaration adequately certifies 
that there are no existing municipal solid waste (MSW) landfills 
located in the state of New Hampshire that have accepted waste since 
November 8, 1987 and that must install collection and control systems 
according to EPA's emissions guidelines for existing MSW landfills. EPA 
publishes regulations under sections 111(d) and 129 of the Clean Air 
Act requiring states to submit control plans to EPA. These state 
control plans show how states intend to control the emissions of 
designated pollutants from designated facilities (e.g., landfills). The 
state of New Hampshire submitted this negative declaration in lieu of a 
state control plan.

DATES: This direct final rule is effective on May 5, 2003, without 
further notice unless EPA receives significant adverse comment by April 
7, 2003. If EPA receives adverse comment, we 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: You should address your written comments to: Mr. Steven 
Rapp, Chief, Air Permits, Toxics & Indoor Programs Unit, Office of 
Ecosystem Protection, U.S. EPA, One Congress Street, Suite 1100 (CAP), 
Boston, MA 02114-2023.
    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, 
Region I, One Congress Street, 11th floor, Boston, MA.

FOR FURTHER INFORMATION CONTACT: John J. Courcier, (617) 918-1659.

SUPPLEMENTARY INFORMATION: 

Table of Contents

    I. What Action is EPA Taking Today?

[[Page 10660]]

    II. What is the Origin of the Requirements?
    III. When did the Requirements First Become Known?
    IV. When did New Hampshire Submit its Negative Declaration?
    V. Regulatory Assessment Requirements

I. What Action Is EPA Taking Today?

    EPA is approving the negative declaration submitted by the state of 
New Hampshire on July 22, 1998.
    EPA is publishing this negative declaration 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, EPA is publishing a separate document that 
will serve as the proposal to approve this negative declaration should 
relevant adverse comments be filed. If EPA receives no significant 
adverse comment by April 7, 2003, this action will be effective May 5, 
2003.
    If EPA receives significant adverse comments by the above date, we 
will withdraw this action before the effective date by publishing a 
subsequent document in the Federal Register. EPA will address all 
public comments received in a subsequent final rule based on the 
parallel proposed rule published in today's Federal Register. EPA will 
not institute a second comment period on this action. Any parties 
interested in commenting on this action should do so at this time. If 
EPA receives no comments, this action will be effective May 5, 2003.

II. What Is the Origin of the Requirements?

    Under section 111(d) of the Clean Air Act, EPA published 
regulations at 40 CFR part 60, subpart B which require states to submit 
plans to control emissions of designated pollutants from designated 
facilities. In the event that a state does not have a particular 
designated facility located within its boundaries, EPA requires that a 
negative declaration be submitted in lieu of a control plan.

III. When Did the Requirements First Become Known?

    On May 30, 1991 (56 FR 24468), EPA proposed emission guidelines for 
existing MSW landfills. This action enabled EPA to list existing MSW 
landfills as designated facilities. EPA specified non-methane organic 
compounds (NMOC) as a designated pollutant by proposing the emission 
guidelines for existing MSW landfills. These guidelines were published 
in final form on March 12, 1996 (61 FR 9905).

IV. When Did New Hampshire Submit Its Negative Declaration?

    On July 22, 1998, the New Hampshire Department of Environmental 
Services (DES) submitted a letter certifying that there are no existing 
MSW landfills subject to 40 CFR part 60, subpart B. section 111(d) and 
40 CFR 62.06 provide that when no such designated facilities exist 
within a state's boundaries, the affected state may submit a letter of 
``negative declaration'' instead of a control plan. EPA is publishing 
this negative declaration at 40 CFR 62.7405.

V. Regulatory Assessment 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 (Pub. L. 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 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 sections 111(d)/129 State Plans, 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 state plan for failure to use VCS. 
It would thus be inconsistent with applicable law for EPA, when it 
reviews a state plan, to use VCS in place of a 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. 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. 
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 May 5, 2003. Interested 
parties should comment in response to the proposed rule rather than 
petition for judicial review, unless the objection arises after the 
comment period allowed for in the proposal. 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

[[Page 10661]]

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, Reporting and 
recordkeeping requirements, Waste treatment and disposal.

    Dated: February 20, 2003.
Robert W. Varney,
Regional Administrator, EPA New England.

    40 CFR part 62 is amended as follows:

PART 62--[AMENDED]

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

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

Subpart EE--New Hampshire

    2. Subpart EE is amended by adding a new Sec.  62.7405 and a new 
undesignated center heading to read as follows:

Emissions From Existing Municipal Solid Waste Landfills


Sec.  62.7405  Identification of plan-negative declaration.

    On July 22, 1998, the New Hampshire Department of Environmental 
Services submitted a letter certifying that there are no existing 
municipal solid waste landfills in the state subject to the emission 
guidelines under part 60, subpart B of this chapter.

[FR Doc. 03-5306 Filed 3-5-03; 8:45 am]
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