[Federal Register Volume 68, Number 110 (Monday, June 9, 2003)]
[Rules and Regulations]
[Pages 34332-34334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14460]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[CA216-0400; FRL-7510-2]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Large Municipal Waste Combustors; California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing approval of the California State Plan for 
implementing the emissions guidelines applicable to existing large 
municipal waste combustor units. This approval was proposed in the 
Federal Register on March 11, 2003. The plan was submitted by the 
California Air Resources Board for the State of California to satisfy 
requirements of sections 111(d) and 129 of the Clean Air Act. The 
submitted plan applies to large municipal waste combustor units located 
in the San Joaquin Valley Unified Air Pollution Control District and 
South Coast Air Quality Management District.

EFFECTIVE DATE: This rule is effective on July 9, 2003.

ADDRESSES: You can inspect copies of the administrative record for this 
action at EPA's Region IX office during normal business hours. You can 
inspect copies of the submitted State Plan at the following locations:

Environmental Protection Agency, Region IX, 75 Hawthorne Street, San 
Francisco, CA 94105-3901.
Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, Room B-102, 1301 Constitution Avenue, NW., (Mail 
Code 6102T), Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.

FOR FURTHER INFORMATION CONTACT: Mae Wang, EPA Region IX, (415) 947-
4124.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

I. Proposed Action

    On March 11, 2003 (68 FR 11484), EPA proposed to approve the 
California State Plan for implementing the emissions guidelines 
applicable to existing large municipal waste combustor (MWC) units. We 
proposed to approve this State Plan because we determined that it 
complied with the relevant Clean Air Act (CAA) requirements. Our 
proposed action

[[Page 34333]]

contains more information on the State Plan and our evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period. 
During this period, we did not receive any comments.

III. EPA Action

    No comments were received that change our assessment that the 
submitted State Plan complies with the relevant requirements regarding 
approval of CAA section 111(d)/129 State plans. Therefore, EPA is fully 
approving the State of California section 111(d)/129 plan for the 
control of emissions from existing large MWC units. Upon approval, the 
requirements of the State Plan become federally enforceable.
    As discussed in the proposed action and the technical support 
document, the underlying conditions in the Emission Guidelines (40 CFR 
part 60, subpart Cb) and the Federal Plan (40 CFR part 62, subpart FFF) 
will continue to apply in the case of waivers. EPA cannot delegate to 
districts the ability to approve waivers of load and temperature limits 
that are not in accordance with the purposes specified in 60.53b (b) 
and (c). Waivers of operator training course requirements must be 
approved by EPA. Additionally, approval of the State Plan will not 
extend the compliance dates contained in the Federal Plan for the 
Stanislaus facility. Annual performance tests should be conducted at 
the Stanislaus facility in accordance with 60.58b. As provided by 40 
CFR 60.28 (c), any revisions to the California State Plan will not be 
considered part of the applicable plan until submitted by CARB 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.

IV. Statutory and Executive Order Reviews

    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). This action 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 State plan 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 State plan submission for failure to use VCS. It would 
thus be inconsistent with applicable law for EPA, when it reviews a 
State plan submission, to use VCS in place of a State plan 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 August 8, 2003. 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, Aluminum, Fertilizers, Fluoride, 
Intergovernmental relations, Paper and paper products industry, 
Phosphate, Reporting and recordkeeping requirements, Sulfur oxides, 
Sulfuric acid plants, Waste treatment and disposal.

    Dated: May 20, 2003.
Alexis Strauss,
Acting Regional Administrator, Region IX.

0
Title 40, chapter I of the Code of Federal Regulations is amended as 
follows:

PART 62--[AMENDED]

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart F--California

0
2. Section 62.1100 is amended by adding paragraphs (b)(6) and (c)(6) to 
read as follows:


Sec.  62.1100  Identification of plan.

* * * * *
    (b) * * *
    (6) State of California's Section 129/111(d) Plan for Existing 
Large Municipal Waste Combustors, submitted by the

[[Page 34334]]

California Air Resources Board on September 23, 1998, with supplemental 
materials submitted on May 2, 2002.
    (c) * * *
    (6) Existing large municipal waste combustors.
* * * * *

0
3. Subpart F is amended by adding an undesignated center heading and 
Sec.  62.1130 to read as follows:

Emissions From Large Existing Municipal Waste Combustion Units


Sec.  62.1130  Identification of sources.

    The plan applies to existing large municipal waste combustors that 
were constructed on or before September 20, 1994, as described in 40 
CFR part 60, subpart Cb.
* * * * *
[FR Doc. 03-14460 Filed 6-6-03; 8:45 am]
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