[Federal Register Volume 68, Number 114 (Friday, June 13, 2003)]
[Rules and Regulations]
[Pages 35299-35303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15007]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[FRL-7511-4]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants: Louisiana, New Mexico, Oklahoma and 
Bernalillo County, NM; Negative Declarations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving negative declarations submitted by the States 
of Louisiana, New Mexico, Oklahoma, and the City of Albuquerque 
(Bernalillo County), New Mexico, which certify that there are no 
existing small municipal waste combustion units in Louisiana, New 
Mexico, and Oklahoma subject to the requirements of sections 111(d) and 
129 of the Clean Air Act (CAA). EPA is also approving negative 
declarations submitted by the State of New Mexico and the City of 
Albuquerque (Bernalillo County) which certify that there are no 
existing hospital/medical/infectious waste incinerators subject to the 
requirements of sections 111(d) and 129 of the CAA. In addition, EPA is 
approving a negative declaration submitted by the City of Albuquerque 
(Bernalillo County) which certifies that there are no existing large 
municipal waste combustion units subject to the requirements of 
sections 111(d) and 129 of the CAA. Finally, EPA is approving a 
negative declaration submitted by the State of New Mexico which 
certifies that there are no existing commercial and industrial solid 
waste incineration units subject to the requirements of sections 111(d) 
and 129 of the CAA. This is a direct final action without prior notice 
and comment because this action is deemed noncontroversial.

DATES: This direct final rule is effective on August 12, 2003 without 
further notice, unless EPA receives adverse comment by July 14, 2003. 
If EPA receives such comment, EPA will publish a timely withdrawal in 
the Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Written comments on this action should be addressed to Mr. 
Thomas H. Diggs, Air Planning Section (6PD-L), at the EPA Region 6 
Office listed below. Copies of documents relevant to this action are 
available for public inspection during normal business hours at the 
following location. Anyone wanting to examine these

[[Page 35300]]

documents should make an appointment with the EPA Region 6 Office at 
least two working days in advance.
    Environmental Protection Agency, 1445 Ross Avenue, Suite 700, 
Dallas, Texas 75202-2833.

FOR FURTHER INFORMATION CONTACT: Mr. Kenneth W. Boyce, Air Planning 
Section (6PD-L), Multimedia Planning and Permitting Division, U.S. EPA, 
Region 6, 1445 Ross Avenue, Dallas, Texas 75202, (214) 665-7259.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'', 
``us'', or ``our'' are used we mean the EPA.

I. What Is the Background for This Action?

    Section 129 of the CAA requires us to develop new source 
performance standards (NSPS) and emission guidelines (EG) for each 
category of solid waste incineration units which includes these 
categories addressed in today's notice: (1) Existing large municipal 
waste combustion units; (2) existing hospital/medical/infectious waste 
incinerator units, (3) existing small municipal waste combustion units, 
and (4) existing commercial and industrial solid waste incinerator 
units. Such standards shall include emissions limitations and other 
requirements applicable to new units and guidelines required by section 
111(d) of the CAA.
    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 air pollutant, emissions of 
which are subject to a standard of performance for new stationary 
sources but for which no air quality criteria has been issued, and 
which is not included on a list published under section 108(a) or 
section 112(b)(1)(A) of the CAA.'' 40 CFR 60.21(a).
    Section 129(b) of the CAA also requires us to develop an EG for 
each category of existing solid waste incineration units. Under section 
129 of the CAA, the EG is not federally enforceable. Section 129(b)(2) 
requires states to submit State Plans to EPA for approval. State Plans 
must be at least as protective as the EG, and they become Federally 
enforceable upon EPA approval.
    Emission guidelines and compliance times for large municipal waste 
combustion units constructed on or before September 20, 1994, were 
promulgated on December 19, 1995 (60 FR 65387) at 40 CFR part 60, 
subpart Cb. The Federal plan was promulgated on November 12, 1998 (63 
FR 63191) at 40 CFR Part 62, subpart FFF.
    Emission guidelines and compliance times for hospital/medical/
infectious waste incinerators constructed on or before June 20, 1996, 
were promulgated on September 17, 1997 (62 FR 48348) at 40 CFR part 60, 
subpart Ce. The Federal plan was promulgated on August 15, 2000 (65 FR 
49868) at 40 CFR Part 62, subpart HHH.
    Emission guidelines and compliance standards for small municipal 
waste combustion units constructed on or before August 30, 1999, were 
promulgated on December 6, 2000 (65 FR 76350) at 40 CFR part 60, 
subpart BBBB. The Federal plan was promulgated on January 31, 2003 (68 
FR 5144) at 40 CFR part 62, subpart JJJ.
    The emission guidelines and compliance times for existing 
commercial and industrial solid waste incineration units that commenced 
construction on or before November 30, 1999, were promulgated December 
1, 2000 (65 FR 75338) at 40 CFR part 60, subpart DDDD. The Federal plan 
has not been promulgated as of the date of this notice. EPA proposed 
approval of the Federal plan on November 25, 2002 (67 FR 70640).
    The status of our approvals of State plans for designated 
facilities (often referred to as ``111(d) plans'' or ``111(d)/129 
plans'') is given in separate subparts in 40 CFR part 62, ``Approval 
and Promulgation of State Plans for Designated Facilities and 
Pollutants.'' The Federal plan requirements for existing solid waste 
incineration units are also codified in separate subparts at the end of 
part 62.
    Procedures and requirements for development and submission of state 
plans for controlling designated pollutants are given in 40 CFR part 
60, ``Standards of Performance for New Stationary Sources,'' subpart B, 
``Adoption and Submittal of State Plans for Designated Facilities'' and 
in 40 CFR part 62, subpart A, ``General Provisions.'' If a State does 
not have any existing sources of a designated pollutant located within 
its boundaries, 40 CFR 62.06 provides that 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 40 CFR Part 60, subpart B, for that designated 
facility. In the event that a designated facility is located in a State 
after a negative declaration has been approved by EPA, 40 CFR 62.13 
requires that the Federal plan for the designated facility, as required 
by section 129 of the CAA and 40 CFR 62.02(g), will automatically apply 
to the facility.
    This Federal Register action approves negative declarations for the 
following: existing large municipal waste combustion units, existing 
hospital/medical/infectious waste incinerators, existing small 
municipal waste combustion units, and existing commercial and 
industrial solid waste incineration units.

II. State Submittals

A. Existing Large Municipal Waste Combustion Units Negative Declaration 
From the City of Albuquerque (Bernalillo County), New Mexico

    The City of Albuquerque (Bernalillo County) submitted a letter 
dated September 10, 2002 certifying there are no existing municipal 
waste combustion units in Bernalillo County on lands under the 
jurisdiction of the Albuquerque/Bernalillo County Air Quality Control 
Board subject to 40 CFR part 60, subpart Cb. This negative declaration 
meets the requirements of 40 CFR 62.06.

B. Hospital/Medical/Infectious Wastes Incinerators Negative 
Declarations From the State of New Mexico and the City of Albuquerque 
(Bernalillo County), New Mexico

    The New Mexico Environment Department and the City of Albuquerque 
(Bernalillo County) have submitted letters certifying that there are no 
existing hospital/medical/infectious waste incinerators subject to 40 
CFR part 62, subpart Ce, under their jurisdictions in the State of New 
Mexico, and Bernalillo County, New Mexico. These negative declarations 
meet the requirements of 40 CFR 62.06. The dates that these letters 
were submitted are identified in the table below.

------------------------------------------------------------------------
   State agency that submitted the       Date of letter to EPA Region 6
         negative declaration                        Office
------------------------------------------------------------------------
New Mexico Environment Department....  September 14, 1998.

[[Page 35301]]

 
City of Albuquerque Environmental      January 25, 2002.
 Health Department.
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C. Small Municipal Waste Combustion Units Negative Declarations From 
the States of Louisiana, New Mexico, and Oklahoma, and the City of 
Albuquerque (Bernalillo County), New Mexico

    The Louisiana Department of Environmental Quality, the New Mexico 
Environment Department, the Oklahoma Department of Environmental 
Quality, and the City of Albuquerque (Bernalillo County) have submitted 
letters certifying that there are no existing small municipal waste 
combustion units under their jurisdictions in their respective States 
or in Bernalillo County, New Mexico subject to 40 CFR part 60, subpart 
BBBB. These negative declarations meet the requirements of 40 CFR 
62.06. The dates that these letters were submitted are identified in 
the table below.

------------------------------------------------------------------------
   State agency that submitted the       Date of letter to EPA Region 6
         negative declaration                        Office
------------------------------------------------------------------------
Louisiana Department of Environmental  December 20, 2002.
 Quality.
New Mexico Environment Department....  November 13, 2001.
Oklahoma Department of Environmental   October 2, 2001.
 Quality.
City of Albuquerque, Environmental     September 10, 2002.
 Health Department.
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D. Commercial and Industrial Solid Waste Incinerators Negative 
Declaration From the State of New Mexico

    The New Mexico Environment Department submitted a letter dated 
November 13, 2001, certifying that there are no existing commercial and 
industrial solid waste incinerators subject to 40 CFR part 62, subpart 
DDDD, under its jurisdiction in the State of New Mexico (excluding 
tribal lands and Bernalillo County). This negative declaration meet the 
requirements of 40 CFR 62.06.

III. Final Action

    We are approving a negative declaration submitted by the City of 
Albuquerque (Bernalillo County), New Mexico certifying that there are 
no existing municipal waste combustion units in Bernalillo County on 
lands under the jurisdiction of the Albuquerque/Bernalillo County Air 
Quality Control Board subject to 40 CFR part 60, subpart Cb.
    We are approving negative declarations submitted by the New Mexico 
Environment Department and the City of Albuquerque Environmental Health 
Department certifying that there are no existing hospital/medical/
infectious waste incinerators subject to 40 CFR part 60, subpart Ce.
    We are also approving negative declarations submitted by the 
Louisiana Department of Environmental Quality, the New Mexico 
Environment Department, the Oklahoma Department of Environmental 
Quality, and the City of Albuquerque Environmental Health Department 
certifying that there are no existing small municipal waste combustion 
units subject to 40 CFR part 60, subpart BBBB, within the jurisdictions 
of the respective State and local agencies.
    Finally, we are also approving a negative declaration submitted by 
the New Mexico Environment Department that there are no existing 
applicable commercial and industrial solid waste incineration units 
subject to 40 CFR part 60, subpart DDDD, under its jurisdiction in the 
State of New Mexico (excluding tribal lands and Bernalillo County).
    If a designated facility is later found within any of the noted 
jurisdictions after publication of this Federal Register action, then 
the overlooked facility will become subject to the requirements of the 
Federal plan for that designated facility, including the compliance 
schedule. The Federal plan will no longer apply if we subsequently 
receive and approve the 111(d)/129 plan from the jurisdiction with the 
overlooked facility.
    Since the States of Louisiana, New Mexico, and Oklahoma have not 
submitted a demonstration of authority over ``Indian Country,'' (as 
defined in 18 U.S.C. 1151) we are limiting our approval to those areas 
that do not constitute Indian Country. Under this definition, EPA 
treats as reservations, trust lands validly set aside for the use of a 
Tribe even if the trust lands have not been formally designated as a 
reservation. Any existing designated facility that may exist on 
``Indian Country'' is subject to the Federal plan for the designated 
facility. See 40 CFR 62.13.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial action 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 these rules should relevant 
adverse comments be filed. This action will be effective August 12, 
2003 unless EPA receives adverse written comments by July 14, 2003.
    If EPA receives such comments, then it will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final rule will not take effect. All public comments received 
will then be addressed in a subsequent final rule based on the proposed 
rule. The EPA will not institute a second comment period. Parties 
interested in commenting should do so at this time. If no such comments 
are received, the public is advised that this rule will be effective on 
August 12, 2003 and no further action will be taken on the proposed 
rule.

IV. Statutory and Executive Order Reviews

    Under Executive Order (EO) 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 EO 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355, May 22, 2001). This action merely 
approves state and local declarations that rules implementing certain 
federal standards are unnecessary. 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 and local 
declarations that rules implementing certain federal standards are

[[Page 35302]]

unnecessary, 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 EO 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 EO 13132 (64 FR 43255, 
August 10, 1999). This action merely approves state and local 
declarations that rules implementing certain federal standards are 
unnecessary, 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 EO 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 12, 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 42 U.S.C. 7607(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.

    Dated: May 22, 2003.
Lawrence E. Starfield,
Deputy Regional Administrator, Region 6.


0
Part 62, chapter I, title 40 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 et seq.

Subpart T--Louisiana

0
2. Subpart T is amended by adding a new undesignated center heading and 
a new Sec.  62.4660 to read as follows:

Emissions From Existing Small Municipal Waste Combustion Units


Sec.  62.4660  Identification of sources--negative declaration.

    Letter from the Louisiana Department of Environmental Quality dated 
December 20, 2002, certifying that there are no existing small 
municipal waste combustion units in the State of Louisiana subject to 
40 CFR part 60, subpart BBBB.

Subpart GG--New Mexico

0
3. Subpart GG is amended by adding a new undesignated center heading 
and a new Sec.  62.7860, followed by a new undesignated center heading 
and a new Sec.  62.7870, followed by a new undesignated center heading 
and a new Sec.  62.7880, followed by a new undesignated center heading 
and a new Sec.  62.7890 to read as follows:

Emissions From Existing Large Municipal Waste Combustion Units


Sec.  62.7860  Identification of sources--negative declaration.

    Letter from the City of Albuquerque Air Pollution Control Division 
dated September 10, 2002, certifying that there are no existing 
municipal waste combustion units in Bernalillo County on lands under 
the jurisdiction of the Albuquerque/Bernalillo county Air Quality 
Control Board subject to 40 CFR part 60, subpart Cb.

Emissions From Existing Hospital/Medical/Infectious Wastes Incinerators


Sec.  62.7870  Identification of sources--negative declaration.

    Letters from the New Mexico Environment Department and the City of 
Albuquerque Environmental Health Department dated September 14, 1998, 
and January 25, 2002, respectively, certifying that there are no 
existing Hospital/Medical/Infectious Waste Incinerators subject to 40 
CFR part 60, subpart Ce, under their jurisdictions in the State of New 
Mexico.

Emissions From Existing Small Municipal Waste Combustion Units


Sec.  62.7880  Identification of sources--negative declaration.

    Letters from the New Mexico Environment Department and the City of 
Albuquerque Environmental Health Department dated November 13, 2001, 
and September 10, 2002, respectively, certifying that there are no 
existing small municipal waste combustion units subject to 40 CFR part 
60, subpart BBBB under their jurisdictions in the State of New Mexico.

Emissions From Existing Commercial and Industrial Solid Waste 
Incineration (CISWI) Units


Sec.  62.7890  Identification of sources--negative declaration.

    Letters from the New Mexico Environment Department dated November 
13, 2001 certifying that there are no existing commercial and 
industrial solid waste incinerators subject to 40 CFR part 60, subpart 
DDDD under its jurisdiction in the State of New Mexico (excluding 
tribal lands and Bernalillo County).

[[Page 35303]]

Subpart LL--Oklahoma

0
4. Subpart LL is amended by adding a new undesignated center heading 
and a new Sec.  62.9180 to read as follows:

Emissions From Existing Small Municipal Waste Combustion Units


Sec.  62.9180  Identification of sources--negative declaration.

    Letter from the Oklahoma Department of Environmental Quality dated 
October 2, 2001, certifying that there are no existing small municipal 
waste combustion units subject to 40 CFR part 60, subpart BBBB, under 
its jurisdiction in the State of Oklahoma.

[FR Doc. 03-15007 Filed 6-12-03; 8:45 am]
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