[Federal Register Volume 72, Number 132 (Wednesday, July 11, 2007)]
[Rules and Regulations]
[Pages 37632-37633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13426]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2007-0354 ; FRL-8338-7 ]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants; Delaware, and West Virginia; 
Control of Emissions From Existing Other Solid Waste Incinerator Units

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 other solid waste incinerator (OSWI) units from the 
States of Delaware, and West Virginia. These negative declarations 
certify that OSWI units subject to the requirements of sections 111(d) 
and 129 of the Clean Air Act (CAA) do not exist within the 
jurisdictional boundaries of these air pollution control agencies.

DATES: The effective date is July 11, 2007.

ADDRESSES: Docket: All documents are located in the Regional Material 
Edocket, identified by Docket ID Number EPA-RO3-OAR-2007-0354. The RME 
index can be found at http://docket.epa.gov/rmepub/. Although listed in 
the index, some information may not be 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 Air Protection Division, U.S. Environmental Protection Agency, 
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. EPA 
requests that if all possible, you contact the individual listed in the 
FOR FURTHER INFORMATION CONTACT section to schedule your inspection. 
Copies of the State agency submittals are available at the Delaware 
Department of Natural Resources & Environmental Control, 89 Kings 
Highway, P.O. Box 1401, Dover, Delaware 19903; and the West Virginia 
Department of Environmental Protection, Division of Air Quality, 601 
57th Street SE., Charleston, WV 25304.

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 CAA 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 other solid 
waste incineration (OSWI) 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 16, 2005 (70 FR 74870, and 74907), EPA promulgated OSWI 
unit new source performance standards, 40 CFR part 60, subparts EEEE, 
and emission guidelines (EG), subpart FFFF, respectively.
    The designated facilities to which the EG apply are existing very 
small municipal solid waste combustion (MWC) units that have a design 
combustion capacity of less than 35 tons per day and institutional 
waste incineration units that commenced construction on or before 
December 9, 2004.
    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 parts 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 that require the submittal of 
a 111(d)/129 plan. Under subpart FFFF, State are required to submit by 
December 18, 2006 a negative declaration or approvable section 111(d)/
129 plan.

II. Final EPA Action

    The States of Delaware and West Virginia have determined that there 
are no designated facilities, subject to subpart FFFF requirements, in 
their respective air pollution control jurisdiction. Accordingly, each 
air pollution control agency has submitted to EPA a negative 
declaration letter certifying that fact. The submittal dates of these 
letters are June 26, and June 2, 2006, respectively.
    Accordingly, 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 the following 40 CFR part 62 
subparts: I--Delaware, and XX--West Virginia.

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 notifies the public of EPA receipt of negative declarations from 
state air pollution control agencies without any existing OSWI units in 
their jurisdiction. This action imposes no requirements. Accordingly, 
the Administrator certifies

[[Page 37633]]

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 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 (Pub. L. 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 existing OSWI units from state 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 approves a state rule implementing a Federal 
Standard.
    With regard to negative declarations for OSWI units received by EPA 
for states, 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 plan negative declaration submission for failure to use VCS. 
It would thus be inconsistent with applicable law for EPA, when it 
reviews a CAA section 111(d)/129 negative declaration, to use VCS in 
place of a 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.).

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. 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 
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 September 10, 2007. Filing a 
petition for reconsideration by the Administrator of this action does 
not affect the finality of this action 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 
action.
    This action approving the section 111(d)/129 negative declarations 
submitted by the States of Delaware, and West Virginia 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: June 28, 2007.
William C. Early,
Acting Regional Administrator, Region III.

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40 CFR part 62 is amended as follows:

PART 62--[AMENDED]

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1. The authority citation for part 62 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart I--Delaware

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2. Subpart I is amended by adding an undesignated center heading and 
Sec.  62.1990 to read as follows:

Emissions From Existing Other Solid Waste Combustion Units


Sec.  62.1990  Identification of plan--negative declaration.

    Letter from the Delaware Department of Natural Resources and 
Environmental Control submitted June 26, 2006, certifying that there 
are no existing other solid waste incinerator units within the State of 
Delaware that are subject to 40 CFR part 60, subpart FFFF.

Subpart XX--West Virginia

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3. Subpart XX is amended by adding an undesignated center heading and 
Sec.  62.12165 to read as follows:

Emissions From Other Solid Waste Incinerator Units


Sec.  62.12165  Identification of plan--negative declaration.

    Letter from the West Virginia Department of Environmental 
Protection submitted June 2, 2006, certifying that there are no 
existing other solid waste incinerator units within the State of West 
Virginia that are subject to 40 CFR part 60, subpart FFFF.

[FR Doc. E7-13426 Filed 7-10-07; 8:45 am]
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