[Federal Register Volume 77, Number 105 (Thursday, May 31, 2012)]
[Rules and Regulations]
[Pages 32022-32024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13205]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R05-OAR-2012-0312; FRL-9679-6]


Direct Final Negative Declaration and Withdrawal of Large 
Municipal Waste Combustors State Plan for Designated Facilities and 
Pollutants: Illinois

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve Illinois' 
negative declaration and request for EPA withdrawal of its 111(d)/129 
State Plan to control air pollutants from ``Large Municipal Waste 
Combustors'' (LMWC).

DATES: This direct final rule will be effective July 30, 2012, unless 
EPA receives adverse comments by July 2, 2012. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final rule 
in the Federal Register informing the public that the rule will not 
take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2012-0312, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 692-2543.
    4. Mail: Carlton T. Nash, Chief, Toxics and Global Atmosphere 
Section, Air Toxics and Assessment Branch (AT-18J), U.S. Environmental 
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Carlton T. Nash, Chief, Toxics and Global 
Atmosphere Section, Air Toxics and Assessment Branch (AT-18J), U.S. 
Environmental

[[Page 32023]]

Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Such deliveries are only accepted during the Regional Office normal 
hours of operation, and special arrangements should be made for 
deliveries of boxed information. The Regional Office official hours of 
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding 
Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2012-0312. 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 information that you consider to 
be CBI or otherwise protected through www.regulations.gov or email. The 
www.regulations.gov Web site 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 email comment 
directly to EPA without going through www.regulations.gov your email 
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 docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in www.regulations.gov or in hard copy at the Environmental Protection 
Agency, Region 5, Air and Radiation Division, 77 West Jackson 
Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30 
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. 
We recommend that you telephone Margaret Sieffert, Environmental 
Engineer, at (312) 353-1151 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Margaret Sieffert, Environmental 
Engineer, Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard (AT-18J), Chicago, Illinois 60604, (312) 353-1151, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. Background
II. Final Action
III. Statutory and Executive Order Reviews

I. Background

    Sections 111(d) and 129 of the Clean Air Act require submittal of 
State plans to control certain pollutants (designated pollutants) at 
existing solid waste combustion 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 
emission guidelines for such existing sources. Standards of performance 
for new LMWC units and emission guidelines for all existing LMWC units 
constructed on or before September 20, 1994, were originally 
established by EPA on December 15, 1995 (60 FR 65415).
    EPA approved Illinois' LMWC State Plan to implement EPA's emission 
guidelines for existing LMWCs on December 29,1997 at 62 FR 67570 and 
codified at 40 CFR 62.3350. The only LMWC operating in the State was 
Robbins Resource Recovery Center (RRRC). On May 10, 2006, EPA 
promulgated revised LMWC emission guidelines under 40 CFR part 60 
subpart Cb, that triggered the need for states to submit revised State 
Plans to implement the revised emission guidelines for existing sources 
in the state. However, 40 CFR 62.06 provides that if there are no 
existing sources of the designated pollutants within a state, the state 
may submit a letter of certification to that effect, or a negative 
declaration, in lieu of a plan. The negative declaration exempts the 
state from the requirements to submit a State Plan for designated 
pollutants at designated facilities. On February 1, 2012, the Illinois 
Environmental Protection Agency (IEPA) submitted a negative declaration 
letter to EPA certifying that the only designated facility in the State 
Plan, RRRC, ceased operation and is completely shut down, and requested 
that EPA withdraw the Illinois' State Plan implementing the emission 
guidelines for LMWCs.

II. Final Action

    IEPA has determined that there are now no existing facilities 
subject to subpart Cb requirements in the State. EPA accepts the 
State's negative declaration. EPA is approving the State of Illinois' 
negative declaration and request for withdrawal of its State Plan for 
LMWCs. Accordingly, EPA is amending part 62 to reflect approval of the 
IEPA February 1, 2012, negative declaration and request for EPA 
withdrawal of the LMWC State Plan. However, if an affected Illinois 
LMWC unit is discovered in the future, all the requirements of the 
Federal plan (including revisions or amendments), part 62, subpart FFF, 
will be applicable to the affected unit.
    EPA is publishing this approval notice without prior proposal 
because the Agency views this as a non-controversial action and 
anticipates no adverse comments. However, in the proposed rules section 
of this Federal Register publication, EPA is publishing a separate 
document that will serve as the proposal to approve the State's 
negative declaration and request for withdrawal of Illinois' State Plan 
for LMWC units in the event adverse comments are filed. This rule will 
be effective July 30, 2012 without further notice unless we receive 
relevant adverse written comments by July 2, 2012. If we receive such 
comments, we will withdraw this action before the effective date by 
publishing a subsequent document that will withdraw the final action. 
All public comments received will then be addressed in a subsequent 
final rule based on the proposed action. EPA will not institute a 
second comment period. Any parties interested in commenting on this 
action should do so at this time. If we do not receive any comments, 
this action will be effective July 30, 2012.

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

[[Page 32024]]

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 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 rule implementing a Federal 
requirement, 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 (62 FR 19885, April 23, 
1997), because it approves a state rule implementing a Federal 
standard.
    In reviewing Section 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 Section 111(d)/129 plan submission 
for failure to use VCS. It would thus be inconsistent with applicable 
law for EPA, when it reviews a Section 111(d)/129 plan submission, to 
use VCS in place of a Section 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 July 30, 2012. 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 Illinois' Section 111(d)/129 
negative declaration and request for EPA withdrawal of the LMWC plan 
approval 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, Administrative 
practice and procedure, Large municipal waste combustors, 
Intergovernmental relations, Reporting and recordkeeping requirements.

    Dated: May 16, 2012.
Susan Hedman,
Regional Administrator, Region 5.
    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 P--Illinois

0
2. Section 62.3350 is amended by revising the section heading, 
designating the existing paragraph as (a) and adding paragraph (b) to 
read as follows:


Sec.  62.3350  Identification of plan--negative declaration.

* * * * *
    (b) On February 1, 2012, the Illinois Environmental Protection 
Agency submitted a negative declaration that there are no large 
municipal waste combustors in the State of Illinois subject to part 60, 
subpart Cb emission guidelines and requested withdrawal of its State 
Plan for LMWC units approved under paragraph (a) of this section.

0
3. A new Sec.  62.3351 is added to read as follows:


Sec.  62.3351  Effective date.

    The Federal effective date of the negative declaration and 
withdrawal of Illinois' State Plan for LMWC units is July 30, 2012.

[FR Doc. 2012-13205 Filed 5-30-12; 8:45 am]
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