[Federal Register Volume 68, Number 159 (Monday, August 18, 2003)]
[Rules and Regulations]
[Pages 49363-49365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21054]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[AZ NV-095-NEGDECa; FRL-7534-8]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants; Control of Emissions From 
Existing Commercial/Industrial Solid Waste Incinerator Units; Arizona; 
Nevada

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve negative 
declarations submitted by various local air pollution control agencies 
in Arizona and Nevada. Each negative declaration certifies that 
commercial/industrial solid waste incinerator units, subject to the 
requirements of sections 111(d) and 129 of the Clean Air Act, do not 
exist within the relevant agency's air pollution control jurisdiction.

DATES: This rule is effective on October 17, 2003 without further 
notice, unless EPA receives adverse comments by September 17, 2003. If 
we receive such comment, we will publish a timely withdrawal in the 
Federal Register to notify the public that this rule will not take 
effect.

ADDRESSES: Mail comments to Andrew Steckel, Rulemaking Office Chief 
(AIR-4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105-3901.

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

SUPPLEMENTARY INFORMATION:

I. Background

    Sections 111(d) and 129 of the Clean Air Act (CAA or the Act) 
require States to submit plans to control certain pollutants 
(designated pollutants) at existing solid waste combustor 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 (EG) 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. However, section 129 of the CAA also requires EPA 
to promulgate EG for commercial/industrial solid waste incinerator 
(CISWI) units that emit a mixture of air pollutants. These pollutants 
include organics (dioxins/furans), carbon monoxide, metals (cadmium, 
lead, mercury), acid gases (hydrogen chloride, sulfur dioxide, and 
nitrogen oxides) and particulate matter (including opacity).
    On December 1, 2000 (65 FR 75338), EPA promulgated CISWI unit new 
source performance standards and EG, located at 40 CFR part 60, 
subparts CCCC and DDDD, respectively. The designated facility to which 
the EG apply is each existing CISWI unit, as defined in subpart DDDD, 
that commenced construction on or before November 30, 1999.
    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. Also, 40 CFR part 62 
provides the procedural framework for the submission of these plans. 
When designated facilities are located in a State, the State must then 
develop and submit a plan for the control of the designated pollutant. 
However, 40 CFR 60.23(b) and 62.06 provide 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 (i.e., negative 
declaration) in lieu of a plan. The negative declaration exempts the 
State from the requirements of subpart B for the submittal of a 111(d)/
129 plan.

II. Final EPA Action

    The following air pollution control agencies have determined that 
there are no designated facilities subject to the CISWI unit EG 
requirements in their respective air pollution control jurisdictions: 
Arizona Department of Environmental Quality (Arizona DEQ), Maricopa 
County Environmental Services Department (Maricopa County ESD), Pima 
County Air Quality District (Pima County AQD), Pinal County Air Quality 
Control District (Pinal County AQCD), Clark County Department of Air 
Quality Management (Clark County DAQM), Washoe County District Health 
Department Air Quality Management Division (Washoe County DHD AQMD). 
Accordingly, each air pollution control agency has submitted to EPA a 
negative declaration letter certifying this fact. The submittal dates 
of these letters are listed in the following table:

------------------------------------------------------------------------
    Air pollution control agency         Date of negative declaration
------------------------------------------------------------------------
Arizona DEQ.........................  April 25, 2003
Maricopa County ESD.................  February 4, 2003
Pima County AQD.....................  February 5, 2003
Pinal County AQCD...................  January 24, 2003
Clark County DAQM...................  February 27, 2003
Washoe County DHD AQMD..............  January 28, 2003
------------------------------------------------------------------------

    EPA is amending part 62 to reflect the receipt of these negative 
declaration letters from the noted air pollution control agencies. 
Amendments are being made to 40 CFR part 62, subpart D (Arizona), and 
subpart DD (Nevada).
    After publication of this Federal Register notice, if a CISWI 
facility is later found within any of these noted jurisdictions, then 
the overlooked facility will become subject to the requirements of the 
Federal CISWI 111(d)/129 plan, including the compliance schedule, when

[[Page 49364]]

promulgated. The Federal plan would no longer apply if EPA subsequently 
were to receive and approve a 111(d)/129 plan from the jurisdiction 
with the overlooked CISWI facility.
    EPA is publishing this action without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. This action simply reflects already existing Federal 
requirements for State air pollution control agencies under 40 CFR 
parts 60 and 62. In the Proposed Rules section of this Federal Register 
publication, EPA is publishing a separate document that will serve as 
the proposal to approve each negative declaration should relevant 
adverse or critical comments be filed.
    This rule will be effective October 17, 2003 without further notice 
unless the Agency receives relevant adverse comments by September 17, 
2003. If EPA receives such comments, then EPA will publish a timely 
withdrawal in the Federal Register to notify the public that the direct 
final approval will not take effect and we will address the comments in 
a subsequent final action based on the proposal. The EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time. Please note that if 
EPA receives adverse comment on an amendment, paragraph, or section of 
this rule and if that provision may be severed from the remainder of 
the rule, then EPA may adopt as final those provisions of the rule that 
are not the subject of an adverse comment.

III. Statutory and Executive Order Reviews

A. General 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 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 111(d)/129 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 111(d)/129 plan submission for failure to use 
VCS. It would thus be inconsistent with applicable law for EPA, when it 
reviews a 111(d)/129 plan submission, to use VCS in place of a 111(d)/
129 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.).

B. Submission to Congress and the Comptroller General

    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. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    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 October 17, 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 approving the section 111(d)/129 negative 
declarations submitted by the air pollution control agencies in Arizona 
and Nevada 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: July 8, 2003.
Wayne Nastri,
Regional Administrator, Region IX.


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. 7401-7671q.

Subpart D--Arizona

0
2. Subpart D is amended by adding an undesignated center heading and 
Sec.  62.650 to read as follows:

[[Page 49365]]

Emissions From Existing Commercial/Industrial Solid Waste Incineration 
Units


Sec.  62.650  Identification of plan.

    (a) The Arizona Department of Environmental Quality submitted on 
April 25, 2003, a letter certifying that there are no existing 
commercial/industrial solid waste incineration units within the 
Department's jurisdiction that are subject to 40 CFR part 60, subpart 
DDDD.
    (b) The Maricopa County Environmental Services Department submitted 
on February 4, 2003, a letter certifying that there are no existing 
commercial/industrial solid waste incineration units within the 
Department's jurisdiction that are subject to 40 CFR part 60, subpart 
DDDD.
    (c) The Pima County Air Quality District submitted on February 5, 
2003, a letter certifying that there are no existing commercial/
industrial solid waste incineration units within the District's 
jurisdiction that are subject to 40 CFR part 60, subpart DDDD.
    (d) The Pinal County Air Quality Control District submitted on 
January 24, 2003, a letter certifying that there are no existing 
commercial/industrial solid waste incineration units within the 
District's jurisdiction that are subject to 40 CFR part 60, subpart 
DDDD.

Subpart DD--Nevada

0
3. Subpart DD is amended by adding an undesignated center heading and 
Sec.  62.7130 to read as follows:
Emissions From Existing Commercial/Industrial Solid Waste Incineration 
Units


Sec.  62.7130  Identification of plan.

    (a) The Clark County Department of Air Quality Management submitted 
on February 27, 2003, a letter certifying that there are no existing 
commercial/industrial solid waste incineration units in Clark County 
that are subject to 40 CFR part 60, subpart DDDD.
    (b) The Washoe County District Health Department Air Quality 
Management Division submitted on January 28, 2003, a letter certifying 
that there are no existing commercial/industrial solid waste 
incineration units in Washoe County that are subject to 40 CFR part 60, 
subpart DDDD.

[FR Doc. 03-21054 Filed 8-15-03; 8:45 am]
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