[Federal Register Volume 72, Number 26 (Thursday, February 8, 2007)]
[Rules and Regulations]
[Pages 5940-5942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2117]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R04-OAR-2006-0140-200605(a); FRL-8276-7]


Approval and Promulgation of State Plan for Designated Facilities 
and Pollutants; Florida: Emissions Guidelines for Small Municipal Waste 
Combustion Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving the Clean Air Act (CAA) section 111(d)/129 
State Plan submitted by the State of Florida Department of 
Environmental Protection (Florida DEP) for the State of Florida on 
November 29, 2001, and subsequently updated on March 11, 2005. The 
State Plan is for implementing and enforcing the Emissions Guidelines 
(EG) applicable to existing Small Municipal Waste Combustion (SMWC) 
units that commenced construction on or before August 30, 1999.

DATES: This direct final rule is effective April 9, 2007 without 
further notice unless EPA receives adverse comment by March 12, 2007. 
If adverse comments are received, EPA 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 Docket ID No. EPA-R04-
OAR-2006-0140, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. E-mail: [email protected].
    3. Fax: (404) 562-9195.
    4. Mail: ``EPA-R04-OAR-2006-0140,'' 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.
    5. Hand Delivery or Courier: Deliver your comments to: Joydeb 
Majumder, Air Toxics and Monitoring Branch, U.S. Environmental 
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 
30303-8960. Such deliveries are only accepted during the Regional 
Office's normal hours of operation. The Regional Office's official 
hours of business are Monday through Friday, 8:30 to 4:30, excluding 
federal holidays.
    Instructions: Direct your comments to Docket ID No. ``EPA-R04-OAR-
2006-0140.'' EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at www.regulations.gov, including any personal information 
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 through 
www.regulations.gov or e-mail, information that you consider to be CBI 
or otherwise protected. The www.regulations.gov website is 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 www.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. For additional information about EPA's public 
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the 
www.regulations.gov index. 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 www.regulations.gov 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 person 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, Air Toxics and 
Monitoring Branch, U.S. Environmental Protection Agency, Region 4, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number 
is (404) 562-9121. Mr. Majumder can also be reached via electronic mail 
at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On December 6, 2000, pursuant to CAA sections 111 and 129, EPA 
promulgated new source performance standards (NSPS) applicable to new 
SMWC units and EG applicable to existing SMWC units. The NSPS and EG 
are codified at 40 CFR part 60, subparts AAAA and BBBB, respectively. 
Subparts AAAA and BBBB regulate the following: Particulate matter, 
opacity, sulfur dioxide, hydrogen chloride, oxides of nitrogen, carbon 
monoxide, lead, cadmium, mercury, and dioxins and dibenzofurans.
    For existing sources, CAA section 129(b)(2) requires states to 
submit to EPA for approval State Plans that implement and enforce the 
EG contained in 40 CFR part 60, subpart BBBB. State Plans must be at 
least as protective as the EG, and become Federally enforceable upon 
approval by EPA. Pursuant to subpart BBBB, State Plans must include the 
following items: An inventory of affected SMWC units including those 
that have ceased operation but have not been dismantled and inventory 
of emissions; compliance schedules for each affected SMWC unit; Good 
combustion practices and emission limits for affected SMWC units that 
are at least as protective as the emission guidelines; Stack testing, 
continuous emission monitoring, recordkeeping, and reporting 
requirements; Certification that the hearing on the State Plan was 
held, a list of witnesses and their organizational

[[Page 5941]]

affiliations, if any, appearing at the hearing, and a brief written 
summary of each presentation or written submission; Provision for State 
progress reports to EPA; Identification of enforceable State mechanisms 
for implementing the Emission Guidelines; and a demonstration of the 
State's legal authority to carry out the State Plan. The procedures for 
adoption and submittal of State Plans are codified in 40 CFR part 60, 
subpart B.
    In this action, EPA is approving the State Plan for existing SMWC 
units submitted by Florida DEP because it meets the requirements of 40 
CFR part 60, subpart BBBB.

II. Discussion

    Florida DEP's 111(d) / 129 State Plan for implementing and 
enforcing the EG for existing SMWC units includes the following: Public 
Participation--Demonstration that the Public Had Adequate Notice and 
Opportunity to Submit Written Comments and Attend Public Hearing; 
Emissions Standards and Compliance Schedules; Emission Inventories, 
Source Surveillance, and Reports; and Legal Authority. EPA's approval 
of the State Plan is based on our finding that it meets the nine 
requirements of 40 CFR part 60, subpart BBBB.
    Requirements (1) and (2): Inventory of affected SMWC units, 
including those that have ceased operation but have not been dismantled 
and inventory of emissions. Florida DEP submitted an emissions 
inventory of all designated pollutants for existing SMWC units under 
their jurisdiction in the State of Florida. This portion of the State 
Plan has been reviewed and approved as meeting the Federal requirements 
for existing SMWC units.
    Requirement (3): Compliance schedules for each affected SMWC unit. 
Florida DEP submitted the compliance schedule for existing SMWC units 
under their jurisdiction in the State of Florida. This portion of the 
State Plan has been reviewed and approved as being at least as 
protective as Federal requirements for existing SMWC units.
    Requirement (4): Good combustion practices and emission limits for 
affected SMWC units that are at least as protective as the emission 
guidelines contained in this subpart. Florida DEP adopted good 
combustion practice and all emission standards and limitations 
applicable to existing SMWC units. These combustion practice and 
emission limitations have been approved as being at least as protective 
as the Federal requirements contained in subpart BBBB for existing SMWC 
units.
    Requirement (5): Stack testing, continuous emission monitoring, 
recordkeeping, and reporting requirements. The State Plan contains 
requirements for stack testing, continuous emission monitoring, 
recordkeeping, and reporting. This portion of the State Plan has been 
reviewed and approved as being at least as protective as the Federal 
requirements for existing SMWC units. The Florida DEP State Plan also 
includes its legal authority to require owners and operators of 
designated facilities to maintain records and report on the nature and 
amount of emissions and any other information that may be necessary to 
enable Florida DEP to judge the compliance status of the facilities in 
the State Plan. Florida DEP also submitted its legal authority to 
provide for periodic inspection and testing and provisions for making 
reports of existing SMWC unit emissions data, correlated with emission 
standards that apply, available to the general public.
    Requirement (6): Certification that the hearing on the State Plan 
was held, a list of witnesses and their organizational affiliations, if 
any, appearing at the hearing, and a brief written summary of each 
presentation or written submission. Florida DEP held a public hearing 
on November 27, 2001. The record of the hearing has been prepared and 
will be retained for public inspection in accordance with 40 CFR 
60.23(e). The only comments received on the plan were from EPA Region 
4, and certification of the hearing as required has been provided to 
EPA Region 4.
    Requirement (7): Provision for State progress reports to EPA. The 
Florida DEP State Plan provides for progress reports of plan 
implementation updates to EPA on an annual basis. These progress 
reports will include the required items pursuant to 40 CFR part 60, 
subpart B. This portion of the State Plan has been reviewed and 
approved as meeting the Federal requirement for State Plan reporting.
    Requirement (8): Identification of enforceable State mechanisms for 
implementing the Emission Guidelines. An enforcement mechanism is a 
legal instrument by which the Florida DEP can enforce a set of 
standards and conditions. The Florida DEP has adopted 40 CFR part 60, 
subpart BBBB, into Florida Administrative Code (F.A.C.) Chapter 62-204. 
Therefore, Florida DEP's mechanism for enforcing the standards and 
conditions of 40 CFR part 60, subpart BBBB, is Rule 62-204.800(9)(e). 
On the basis of this rule and the rules identified in Requirement (9) 
below, the State Plan is approved as being at least as protective as 
the Federal requirements for existing SMWC units.
    Requirement (9): Demonstration of the State's legal authority to 
carry out the State Plan. Florida DEP demonstrated legal authority to 
adopt emissions standards and compliance schedules for designated 
facilities; authority to enforce applicable laws, regulations, 
standards, and compliance schedules, and authority to seek injunctive 
relief; authority to obtain information necessary to determine whether 
designated facilities are in compliance with applicable laws, 
regulations, standards, and compliance schedules, including authority 
to require record keeping and to make inspections and conduct tests at 
designated facilities; authority to require owners or operators of 
designated facilities to install, maintain, and use emission monitoring 
devices and to make periodic reports to the State on the nature and 
amount of emissions from such facilities; and authority to make 
emissions data publicly available.
    Florida DEP cites the following references for the legal authority 
noted above: Florida Statutes (F.S.) 403.031--Definitions, F.S. Sec.  
403.061--Department powers and duties, F.S. Sec.  403.0872--Title V air 
operating permits, and F.S. Sec.  403.8055--Authority to adopt Federal 
Standards by reference; and Subsections F.S. Sec. Sec.  403.061(6), 
(7), (8), and (13) give the authority for obtaining information and for 
requiring recordkeeping, use of monitors. F.S. Sec.  403.061(35) gives 
the department authority to exercise the duties, powers, and 
responsibilities required of the State under the federal Clean Air Act. 
The sections of the Florida Statues that give authority for compliance 
and enforcement are 403.121--Judicial and administrative remedies, F.S. 
Sec.  403.131--Injunctive relief, F.S. Sec.  403.141--Civil remedies, 
and F.S. Sec.  403.161--Civil and criminal penalties. Finally, F.S. 
Sec.  119.07 is the authority for making the information available to 
the public. EPA is approving the State Plan for existing SMWC units 
submitted by Florida DEP because it meets the requirements of 40 CFR 
part 60, subpart BBBB.

III. Final Action

    In this action, EPA approves the 111(d)/129 State Plan submitted by 
Florida DEP for the State of Florida to implement and enforce 40 CFR 
part 60, subpart BBBB, as it applies to existing SMWC units. EPA is 
publishing this rule without prior proposal because the Agency views 
this as a noncontroversial submittal and anticipates no adverse 
comments. However, in the proposed

[[Page 5942]]

rules section of this Federal Register publication, EPA is publishing a 
separate document that will serve as the proposal to approve the State 
Plan should adverse comments be filed. This rule will be effective 
April 9, 2007 without further notice unless the Agency receives adverse 
comments by March 12, 2007.
    If EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the rule will 
not take effect. All public comments received will then be addressed in 
a subsequent final rule based on the proposed rule. 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 April 9, 2007 and no 
further action will be taken on the proposed rule. Please note that if 
we receive adverse comment on any paragraph, or section of this rule 
and if that provision may be severed from the remainder of the rule, we 
may adopt as final those provisions of the rule that are not the 
subject of an adverse comment.

Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
rule 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 (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 rule 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 rule 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 CAA. 
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 CAA. 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 CAA. 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 rule 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 April 9, 2007. 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 rule 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, Air pollution control.

    Dated: January 19, 2007.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.

0
Chapter I, title 40 of the Code of Federal Regulation 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 K--Florida

0
2. Subpart K is amended by adding an undesignated center heading and 
Sec.  62.2390 to read as follows:

Air Emissions From Small Municipal Waste Combustion (SMWC) Units--
Section 111(d)/129 Plan


Sec.  62.2390  Identification of sources.

    The Plan applies to existing Small Municipal Waste Combustion Units 
that Commenced Construction On or Before August 30, 1999.

[FR Doc. E7-2117 Filed 2-7-07; 8:45 am]
BILLING CODE 6560-50-P