[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Rules and Regulations]
[Pages 53567-53569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17929]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[RO3-OAR-2005-MD-0008; FRL -7966-7]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants; Maryland; Control of Emissions 
From Commercial and Industrial Solid Waste Incineration (CISWI) Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve the May 12, 2005 
negative declaration letter submitted by the Maryland Department of the 
Environment (MDE). The negative declaration certifies that existing 
CISWI units, subject to Clean Air Act (the Act) requirements of 
sections 111(d) and 129 and related emission guidelines (EG), have been 
permanently shut down and have been dismantled in the State of 
Maryland.

DATES: This rule is effective November 8, 2005 without further notice, 
unless EPA receives adverse written comment by October 11, 2005. If EPA 
receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number RO3-OAR-2005-MD-0008 by one of the following 
methods:
    A. Federal eRulemaking Portal:
http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Agency Web site: http://www.docket.epa.gov/rmepub/ RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Follow the online instructions for submitting 
comments.
    C. E-mail: http://[email protected]
    D. Mail: RO3-OAR-2005-MD-0008, Walter Wilkie, Chief, Air Quality 
Analysis, Mailcode 3AP22, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    E. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to RME ID No. RO3-OAR-2005-MD-
0008. EPA's policy is that all comments received will be included in 
the public docket without change, and may be made available online at 
http://www.docket.epa.gov/rmepub/, including any personal information

[[Page 53568]]

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through RME, regulations.gov 
or e-mail. The EPA RME and the Federal regulations.gov Web sites are an 
``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through RME or regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
RME index at http://www.docket.epa.gov/rmepub/. Although listed in the 
index, some information is not publicly available, i.e., 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 during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the state submittal 
are available at the Maryland Department of the Environment, 1800 
Washington Boulevard, Baltimore, Maryland 21230

FOR FURTHER INFORMATION CONTACT: James B. Topsale, P.E., at (215) 814-
2190, or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Sections 111(d) and 129 of the Act require states to submit for 
approval plans to control certain pollutants (i.e., designated 
pollutants) at existing solid waste combustor facilities (i.e., 
designated facilities) whenever standards of performance have been 
established under section 111(b) for new sources of the same type, and 
EPA has established EG for such existing sources. Unless part of a 
state or Federal plan, EG requirements are not federally enforceable.
    Designated pollutants are those pollutants for which no air quality 
criteria have been issued, and which are not included on a list 
published under section 108(a) and 112(b) of the Act, but emissions of 
which are subject to a new source performance standard. Section 129 of 
the Act requires EPA to promulgate EG for CISWI units that emit a 
mixture of air pollutants. These pollutants include organics (dioxins/
furans), carbon monoxide, metals (cadmium, lead, and mercury), acid 
gases (hydrogen chloride, sulfur dioxide, and nitrogen oxides) and 
particulate matter (including opacity).
    On December 1, 2000 EPA promulgated CISWI unit new source 
performance standards and EG, 40 CFR part 60, subparts CCCC and DDDD, 
respectively. The designated facility to which the EG apply is each 
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, part 62 provides the 
procedural framework for the submission of these plans. When designated 
facilities are located in a state, the state must 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 that require submittal of a section 111(d)/129 plan for 
the designated facility.

II. Final Action

    The MDE has determined that existing CISWI units have been 
permanently shut down and have been dismantled in the state of 
Maryland. Accordingly, the MDE submitted a negative declaration letter 
to EPA. The letter is dated May 12, 2005. Therefore, EPA is amending 
part 62, subpart V, to reflect the receipt of the negative declaration.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. This action simply reflects an already existing 
Federal requirement for state air pollution control agencies and 
existing CISWI units, if any, that are subject to the provisions of 40 
CFR part 60, and part 62. However, in the ``Proposed Rules'' section of 
today's Federal Register, EPA is publishing a separate document that 
will serve as the proposal to approve the negative declaration should 
relevant adverse or critical comments be filed. This rule will be 
effective November 8, 2005 without further notice unless the Agency 
receives relevant adverse comments by October 11, 2005. If EPA receives 
adverse comments, EPA will publish a timely withdrawal in the Federal 
Register informing the public that the rule did not take effect. EPA 
will address all public comments in a subsequent final rule based on 
the proposed rule. The EPA will not institute a second comment period 
on this action. Any parties interested in commenting must do so at this 
time.

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

[[Page 53569]]

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 
negative declaration, 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 section 111(d)/129 negative declaration 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 section 111(d)/
129 negative declaration related submission for failure to use VCS. It 
would thus be inconsistent with applicable law for EPA, when it reviews 
a 111(d)/129 plan related submission, to use VCS in place of a 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 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 November 8, 2005. 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 MDE's negative declaration 
for CISWI units, 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, 
Sulfur acid plants, Waste treatment and disposal.

    Dated: September 1, 2005.
Richard J. Kampf,
Acting Regional Administrator, Region III.

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40 CFR part 62 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 V--Maryland

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2. A new center heading, after Sec.  62.5122, consisting of Sec.  
62.5127 is added to read as follows:

Emissions From Existing Commercial and Industrial Solid Waste 
Incinerator (CISWI) Units--Negative Declaration


Sec.  62.5127  Identification of plan--Negative Declaration

    May 12, 2005 Maryland Department of the Environment letter 
certifying that existing CISWI units, subject to 40 CFR part 60, 
subpart DDDD, have been permanently shut down and have been dismantled 
in the state.

[FR Doc. 05-17929 Filed 9-8-05; 8:45 am]
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