25978 Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Rules and Regulations 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart AA—Missouri 

■ 2. In § 52.1320(e) the table is amended 

by adding an entry in numerical order 

to read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS

Name of nonregulatory SIP provision Applicable geographic 

or nonattainment area State submittal date EPA approval date Explanation 

* * * * * * * 

(51) CAA 110(a)(2)(D)(i) ................................. Statewide ................... 2/27/07 ....................... 5/8/07 .........................

SIP—Interstate Transport ............................... .................................... .................................... [insert FR page number where the document begins].

[FR Doc. E7–8774 Filed 5–7–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R07–OAR–2007–0258; FRL–8310–8] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; States of Iowa, Kansas, and 

Missouri 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving the Other 

Solid Waste Incineration (OSWI) section 

111(d) negative declarations submitted 

by the states of Iowa, Kansas, and 

Missouri. 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 

in these states. 

DATES: This direct final rule will be 

effective July 9, 2007, without further 

notice, unless EPA receives adverse 

comment by June 7, 2007. If adverse 

comment is 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–R07–

OAR–2007–0258, by one of the 

following methods: 

1. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: hamilton.heather@ep.gov. 

3. Mail: Heather Hamilton, 

Environmental Protection Agency, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 

66101. 

4. Hand Delivery or Courier. Deliver 

your comments to Heather Hamilton, 

Environmental Protection Agency, Air 

Planning and Development Branch, 901 

North 5th Street, Kansas City, Kansas 

66101. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2007–

0258. 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.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 http:// 

www.regulations.gov or e-mail 

information that you consider to be CBI 

or otherwise protected. The http:// 

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 e-mail comment directly 

to EPA without going through http:// 

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. 

Docket: All documents in the 

electronic docket are listed in the 

http://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 http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

901 North 5th Street, Kansas City, 

Kansas 66101. The Regional Office’s 

official hours of business are Monday 

through Friday, 8 to 4:30 excluding 

Federal holidays. The interested persons 

wanting to examine these documents 

should make an appointment with the 

office at least 24 hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Heather Hamilton at (913) 551–7039, or 

by e-mail at hamilton.heather@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This section provides additional 

information by addressing the following 

questions: 

What is a 111(d) Plan? 

What are the regulatory requirements for 

OSWI units? 

Why is this action necessary? 

What action are we taking in this 

document? 

What is a 111(d) Plan? 

Section 111(d) of the CAA requires 

states to submit plans to control certain 

pollutants (designated pollutants) at 

existing 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 for such existing sources for 

certain designated pollutants. 


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Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Rules and Regulations 25979 

What are the regulatory requirements 

for OSWI units? 

On December 16, 2005 (70 FR 74870), 

EPA finalized the section 111(d) 

emission guidelines for existing OSWI 

units. The emission guidelines are 

codified at 40 CFR part 60, subpart 

EEEE. 

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. Part 62 of the CFR provides 

the procedural framework for the 

submission of these plans. When 

designated facilities are located in a 

state, a state must develop and submit 

a plan for the control of the designated 

pollutant. However, 40 CFR 62.06 

provides 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, or negative 

declaration, in lieu of a plan. The 

negative declaration exempts the state 

from the requirements of subpart B for 

that designated pollutant. 

Why is this action necessary? 

The states of Iowa, Kansas, and 

Missouri have determined there are no 

existing sources in their states subject to 

the OSWI emission guidelines. 

Consequently, each state has submitted 

a letter of negative declaration certifying 

this fact. We are announcing our 

approval of these negative declarations. 

If at a later date such sources are 

identified, they will be subject to a 

Federal plan until a state has an 

approved 111(d) plan. 

What action are we taking in this 

document? 

We are processing this action as a 

direct final action because we do not 

anticipate any adverse comments. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision is severed from the remainder 

of the rule, EPA 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 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 negative declarations as meeting 

Federal requirements and imposes no 

additional requirements. 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 state negative declarations 

and does not impose any additional 

enforceable duty, 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 state negative declarations 

relating to 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 merely approves state 

negative declarations relating to a 

Federal standard. 

In reviewing state 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 state submissions for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews state submissions, 

to use VCS in place of state submissions 

that otherwise satisfy 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 action 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 July 9, 2007. Filing a petition 

for reconsideration by the Administrator 

of this direct 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 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 procedures, 

Air pollution control, Carbon monoxide, 

Intergovernmental relations, Metals, 

Nitrogen dioxide, Particulate matter, 

Sulfur oxides, Waste treatment and 

disposal. 

Dated: April 30, 2007. 

John B. Askew, 

Regional Administrator, Region 7. 

■ Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 62—[AMENDED] 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart Q—Iowa 

■ 2. Subpart Q is amended by adding an 

undesignated center heading and 

§ 62.3917 to read as follows: 

Air Emissions From Existing ‘‘Other’’

Solid Waste Incineration Units 

§ 62.3917 Identification of plan—negative 

declaration. 

Letter from the Iowa Department of 

Natural Resources submitted March 8, 


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25980 Federal Register / Vol. 72, No. 88 / Tuesday, May 8, 2007 / Rules and Regulations 

2007, certifying that there are no 

commercial and industrial solid waste 

incineration units subject to 40 CFR part 

60, subpart EEEE. 

Subpart R—Kansas 

■ 3. Subpart R is amended by adding an 

undesignated center heading and 

§ 62.4182 to read as follows: 

Air Emissions From Existing ‘‘Other’’

Solid Waste Incineration Units 

§ 62.4182 Identification of plan—negative 

declaration. 

Letter from the Kansas Department of 

Health and Environment submitted 

December 7, 2006, certifying that there 

are no ‘‘other’’ solid waste incineration 

units subject to 40 CFR part 60, subpart 

EEEE. 

Subpart AA—Missouri 

■ 4. Subpart AA is amended by adding 

an undesignated center heading and 

§ 62.6361 to read as follows: 

Air Emissions From Existing ‘‘Other’’

Solid Waste Incineration Units 

§ 62.6361 Identification of plan—negative 

declaration. 

Letter from the Missouri Department 

of Natural Resources submitted April 7, 

2006, certifying that there are no 

‘‘other’’ solid waste incineration units 

subject to 40 CFR part 60, subpart EEEE. 

[FR Doc. E7–8807 Filed 5–7–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–R09–OAR–2007–0322; FRL–8309–7] 

Delegation of National Emission 

Standards for Hazardous Air Pollutants 

for Source Categories; State of 

Arizona, Arizona Department of 

Environmental Quality; State of 

Nevada, Nevada Division of 

Environmental Protection 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is amending certain 

regulations to reflect the current 

delegation status of national emission 

standards for hazardous air pollutants 

(NESHAP) in Arizona and Nevada. 

Several NESHAP were delegated to the 

Arizona Department of Environmental 

Quality on March 16, 2007, and to the 

Nevada Division of Environmental 

Protection on January 12, 2007. The 

purpose of this action is to update the 

listing in the Code of Federal 

Regulations. 

DATES: This rule is effective on July 9, 

2007 without further notice, unless EPA 

receives adverse comments by June 7, 

2007. If we receive such comments, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09–

OAR–2007–0322, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or delivery: Andrew Steckel 

(Air–4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or e-mail. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

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. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Mae 

Wang, EPA Region IX, (415) 947–4124, 

wang.mae@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

A. Delegation of NESHAP 

B. ADEQ Delegations 

C. NDEP delegations 

II. EPA Action 

III. Statutory and Executive Order Reviews 

I. Background 

A. Delegation of NESHAP 

Section 112(l) of the Clean Air Act, as 

amended in 1990 (CAA), authorizes 

EPA to delegate to state or local air 

pollution control agencies the authority 

to implement and enforce the standards 

set out in the Code of Federal 

Regulations, Title 40 (40 CFR), Part 63, 

National Emission Standards for 

Hazardous Air Pollutants for Source 

Categories. On November 26, 1993, EPA 

promulgated regulations, codified at 40 

CFR Part 63, Subpart E (hereinafter 

referred to as ‘‘Subpart E’’), establishing 

procedures for EPA’s approval of state 

rules or programs under section 112(l) 

(see 58 FR 62262). Subpart E was later 

amended on September 14, 2000 (see 65 

FR 55810). 

Any request for approval under CAA 

section 112(l) must meet the approval 

criteria in 112(l)(5) and Subpart E. To 

streamline the approval process for 

future applications, a State or local 

agency may submit a one-time 

demonstration that it has adequate 

authorities and resources to implement 

and enforce any CAA section 112 

standards. If such demonstration is 

approved, then the state or local agency 

would no longer need to resubmit a 

demonstration of these same authorities 

and resources for every subsequent 

request for delegation of CAA section 

112 standards. However, EPA maintains 

the authority to withdraw its approval if 

the State does not adequately 

implement or enforce an approved rule 

or program. 

B. ADEQ Delegations 

On July 17, 1998, EPA published a 

direct final action delegating to the 

Arizona Department of Environmental 

Quality (ADEQ) several NESHAP and 

approving ADEQ’s delegation 

mechanism for future standards (see 63 

FR 38478). That action explained the 

procedure for EPA to grant future 

delegations to ADEQ by letter, with 

periodic Federal Register listings of 

standards that have been delegated. On 

February 21, 2007, ADEQ requested 

delegation of the following NESHAP 

contained in 40 CFR Part 63: 


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