[Federal Register Volume 70, Number 37 (Friday, February 25, 2005)]
[Rules and Regulations]
[Pages 9229-9230]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3675]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[R04-OAR-2004-NC-0003-200426; FRL-7877-3]


Approval and Promulgation of State Plan for Designated Facilities 
and Pollutants; Forsyth County, Mecklenburg County and Buncombe County, 
NC, and Chattanooga-Hamilton County, Knox County, and Memphis-Shelby 
County, TN

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; notice of administrative change.

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SUMMARY: EPA is notifying the public that it has received negative 
declarations for Commercial and Industrial Solid Waste Incineration 
(CISWI) units from Forsyth County, Mecklenburg County, and Buncombe 
County, North Carolina, and Chattanooga-Hamilton County, Knox County, 
and Memphis-Shelby County, Tennessee. These negative declarations 
certify that CISWI units subject to the requirements of sections 111(d) 
and 129 of the Clean Air Act (CAA) do not exist in areas covered by the 
local air pollution control programs of Forsyth County, Mecklenburg 
County, and Buncombe County, North Carolina, and Chattanooga-Hamilton 
County, Knox County, and Memphis-Shelby County, Tennessee.

DATES: Effective February 25, 2005.

ADDRESSES: Docket: All documents are located in the Regional Material 
Edocket (RME)--ID No.R04-OAR-2004-NC-0003. The RME index can be found 
at http://docket.epa.gov/rmepub/. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically in RME or in hard copy at the Regulatory Development 
Section, Air Planning Branch, Air, Pesticides and Toxics Management 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all 
possible, you contact the contact listed in the FOR FURTHER INFORMATION 
CONTACT section to schedule your inspection. The Regional Office's 
official hours of business are Monday through Friday, 8:30 to 4:30, 
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Joydeb Majumder at (404) 562-9121 or 
Melissa Krenzel at (404) 562-9196.

SUPPLEMENTARY INFORMATION: Section 111(d) of the CAA requires submittal 
of plans to control certain pollutants (designated pollutants) at 
existing facilities (designated facilities) whenever standards of 
performance have been established under section 111(d) for new sources 
of the same type, and EPA has established emissions guidelines 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.
    Standards of performance for new or modified CISWI units have been 
established by EPA and emission guidelines for CISWI units were 
promulgated in December 2000. The emission guidelines are codified at 
40 CFR part 60, subpart DDDD. 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 at 
designated facilities. Subpart A of 40 CFR part 62 provides the 
procedural framework for the submission of these plans. When designated 
facilities are located under the jurisdiction of a state or local 
agency, the state or local agency must develop and submit a plan for 
their respective jurisdiction for the control of the designated 
pollutants. However, 40 CFR 62.06 provides that if there are no 
existing sources of the designated pollutants within the state or local 
agency's jurisdiction, the state or local

[[Page 9230]]

agency may submit a letter of certification to that effect, or negative 
declaration, in lieu of a plan. The negative declaration exempts the 
state or local agency from the requirement to submit a plan for that 
designated pollutant .

Final Action

    Forsyth County, Mecklenburg County, and Buncombe County, North 
Carolina and Chattanooga-Hamilton County, Knox County, and Memphis-
Shelby County, Tennessee, have determined that there are no existing 
CISWI units in their respective jurisdictions. Consequently, Forsyth 
County, Mecklenburg County, and Buncombe County, North Carolina and 
Chattanooga-Hamilton County, Knox County, and Memphis-Shelby County, 
Tennessee, have submitted letters of negative declaration certifying 
this fact. Pursuant to 40 CFR 60.2530 (Subpart DDDD), EPA is providing 
the public with notice of these negative declarations. Notice of these 
negative declarations will appear at 40 CFR part 62.

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 notifies the public of negative declarations for CISWI units 
received by EPA from state or local agencies. The action imposes no 
requirements. Accordingly, the Administrator certifies that this action 
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 action is only a notice 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 action 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 notifies the public of 
EPA's receipt of negative declarations for CISWI units from state or 
local agencies and does not alter the relationship or the distribution 
of power and responsibilities established in the Clean Air Act. This 
action 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.
    With regard to negative declarations for CISWI units received by 
EPA from state or local agencies, EPA's role is only to notify the 
public of the receipt of such negative declarations. 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 approve or 
disapprove a CAA section 111(d)/129 negative declaration submission for 
failure to use VCS. It would thus be inconsistent with applicable law 
for EPA, when it receives a CAA section 111(d)/129 negative 
declaration, to use VCS in place of a CAA section 111(d)/ 129 negative 
declaration 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 action 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. This action is not a rulemaking, however, EPA will 
submit a report containing this action 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 
action 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).

List of Subjects 40 CFR Part 62

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Particulate matter, Sulfur oxides.

    Dated: February 9, 2005.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

0
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 II--North Carolina

0
2. Subpart II is amended by adding an undesignated center heading and 
Sec.  62.8354 to read as follows:

Air Emissions From Commercial and Industrial Solid Waste Incineration 
Units


Sec.  62.8354  Identification of plan--negative declaration.

    Letters from Forsyth County, Mecklenburg County, and Buncombe 
County, North Carolina were submitted on November 25, 2002, January 22, 
2003 and November 6, 2002, respectively, certifying that there are no 
Commercial and Industrial Solid Waste Incineration units subject to 40 
CFR part 60, subpart DDDD.

Subpart RR--Tennessee

0
3. Subpart RR is amended by adding an undesignated center heading and 
Sec.  62.10629 to read as follows:

Air Emissions From Commercial and Industrial Solid Waste Incineration 
Units


Sec.  62.10629  Identification of plan--negative declaration.

    Letters from Chattanooga-Hamilton County, Knox County, and Memphis-
Shelby County, Tennessee were submitted on April 23, 2003, November 17, 
2002 and October 7, 2002, respectively, certifying that there are no 
Commercial and Industrial Solid Waste Incineration units subject to 40 
CFR part 60, subpart DDDD.

[FR Doc. 05-3675 Filed 2-24-05; 8:45 am]
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