[Federal Register Volume 68, Number 197 (Friday, October 10, 2003)]
[Rules and Regulations]
[Pages 58613-58615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25802]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[NV-AM-NMI-103-NEGDECa; FRL-7572-5]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants; Control of Emissions From 
Existing Hospital/Medical/Infectious Waste Incinerator Units; Control 
of Emissions From Existing Large Municipal Waste Combustors; Nevada; 
American Samoa; Northern Mariana Islands

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 American Samoa, Northern Mariana Islands, and 
Nevada. The negative declarations from American Samoa and Northern 
Mariana Islands certify that large municipal waste combustors, subject 
to the requirements of sections 111(d) and 129 of the Clean Air Act, do 
not exist within the air pollution control jurisdiction of these 
agencies. The negative declaration from Nevada certifies that there are 
no existing hospital/medical/infectious waste incinerator units within 
the Nevada Division of Environmental Protection's air pollution control 
jurisdiction.

DATES: This rule is effective on December 9, 2003 without further 
notice, unless EPA receives adverse comments by November 10, 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: Send comments to Andrew Steckel, Rulemaking Office Chief 
(AIR-4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105-3901, or e-mail to 
[email protected], or submit comments at http://www.regulations.gov.

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

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 hospital/medical/infectious waste incinerator 
units (HMIWIs) and large municipal waste combustors (MWCs) that emit a 
mixture of air pollutants. These pollutants include particulate matter, 
opacity, sulfur dioxide, hydrogen chloride, oxides of nitrogen, carbon 
monoxide, lead, cadmium, mercury, and dioxins and dibenzofurans. The EG 
for HMIWI were published in final form on September 15, 1997 (62 FR 
48348), and are located at 40 CFR part 60, subpart Ce. The EG for large 
MWC were promulgated on December 19, 1995, and are located at 40 CFR 
part 60, subpart Cb (see 60 FR 65387). On August 25, 1997, EPA amended 
subpart Cb to apply only to MWC units with an individual capacity to 
combust more than 250 tpd of MSW (see 62 FR 45116).
    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 Nevada Division of Environmental Protection has determined that 
there are no designated facilities subject to the HMIWI EG requirements 
in its air pollution control jurisdiction. The American Samoa 
Environmental Protection Agency and the Commonwealth of the Northern 
Mariana Islands Division of Environmental Quality have determined that 
there are no designated facilities subject to the large MWC EG 
requirements in their respective air pollution control jurisdictions. 
Accordingly, each air pollution control agency has submitted to EPA a 
negative declaration letter certifying this fact. EPA is amending part 
62 to reflect the receipt of these negative declaration letters from 
the noted air pollution control agencies. The submittal dates of these 
letters are listed in the following table:

------------------------------------------------------------------------
      Air pollution control agency        Date of  negative  declaration
------------------------------------------------------------------------
Nevada DEP (HMIWI)......................  May 26, 1998.
American Samoa (large MWC)..............  Jan. 20, 1998.
Northern Mariana Islands (large MWC)....  Jan. 27, 1998.
------------------------------------------------------------------------

    After publication of this Federal Register notice, if a large MWC 
or HMIWI facility is later found within these jurisdictions, then the 
overlooked facility will become subject to the requirements of the 
appropriate Federal 111(d)/129 plan, contained in 40 CFR part 62. 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 
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

[[Page 58614]]

declaration should relevant adverse or critical comments be filed.
    This rule will be effective December 9, 2003 without further notice 
unless the Agency receives relevant adverse comments by November 10, 
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 certifications 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 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 State 
certifications 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 December 9, 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 Nevada, 
American Samoa, and Northern Mariana Islands 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: September 25, 2003.
Deborah Jordan,
Acting 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 DD--Nevada

0
2. Subpart DD is amended by adding an undesignated center heading and 
Sec.  62.7135 to read as follows:

Emissions From Existing Hospital/Medical/Infectious Waste Incinerators


Sec.  62.7135  Identification of plan--negative declaration.

    Letter from the Nevada Division of Environmental Protection, 
submitted on May 26, 1998, certifying that there are no existing 
hospital/medical/infectious waste incineration units subject to 40 CFR 
part 60, subpart Ce, of this chapter.

0
3. Part 62 is amended by adding Subpart AAA to read as follows:

[[Page 58615]]

Subpart AAA--American Samoa

Emissions From Existing Municipal Waste Combustors With the Capacity To 
Burn Greater Than 250 Tons per Day of Municipal Solid Waste


Sec.  62.12900  Identification of plan--negative declaration.

    Letter from the American Samoa Environmental Protection Agency, 
submitted on January 20, 1998, certifying that there are no municipal 
waste combustion units subject to part 60, subpart Cb, of this chapter.

0
4. Part 62 is amended by adding Subpart DDD to read as follows:

Subpart DDD--Northern Mariana Islands

Emissions From Existing Municipal Waste Combustors With the Capacity To 
Burn Greater Than 250 Tons per Day of Municipal Solid Waste


Sec.  62.13600  Identification of plan--negative declaration.

    Letter from the Commonwealth of the Northern Mariana Islands 
Division of Environmental Quality, submitted on January 27, 1998, 
certifying that there are no municipal waste combustion units subject 
to part 60, subpart Cb, of this chapter.

[FR Doc. 03-25802 Filed 10-9-03; 8:45 am]
BILLING CODE 6560-50-P