27722 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations 

CFR part 60, subpart Ce in their 

jurisdictions. 

[FR Doc. E9–13601 Filed 6–10–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–RO4–OAR–2008–0161; FRL–8912–3] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; Davidson, Knox, and 

Memphis-Shelby Counties, TN 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of 

administrative changes. 

SUMMARY: EPA is notifying the public 

that it has received negative 

declarations for large Municipal Waste 

Combustion (MWC) units from the 

Nashville/Davidson County 

Metropolitan Health Department, Knox 

County Department Air Quality 

Management, and Memphis-Shelby 

County Health Department in 

Tennessee. These negative declarations 

certify that large MWC units subject to 

the requirements of sections 111(d) and 

129 of the Clean Air Act (CAA) do not 

exist in areas covered by the local air 

pollution control programs of Nashville/ 

Davidson County, Knox County, and 

Memphis-Shelby County, Tennessee. 

DATES: This final action is effective July 

13, 2009 without further notice. 

ADDRESSES: 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 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 3030–8960. 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 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Egide Louis, Air Toxics Assessment and 

Implementation Section, Air Toxics and 

Monitoring Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9240. 

Dr. Louis can also be reached via 

electronic mail at louis.egide@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Sections 111(d) of the CAA requires 

submittal of plans to control certain 

pollutants (designated pollutants) at 

existing 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. 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. 

Standards of performance for large 

MWC units have been established by 

EPA and the emission guidelines for 

large MWC units were promulgated on 

December 19, 1995. The emission 

guidelines are codified at 40 CFR part 

60, subpart Cb (see 60 FR 65387). On 

August 25, 1997, EPA amended subpart 

Cb to apply only to MWC units with an 

individual capacity to combust more 

than 250 tons per day of municipal solid 

waste (see 62 FR 45116). 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. Subpart A, of 40 CFR part 62 

provides the procedural framework for 

the submission of these plans. When 

designated facilities are located under 

the jurisdiction of a State or local 

agency, the State or local agency must 

then develop and submit a plan for the 

control of the designated pollutants. 

However, 40 CFR 62.06 provides that if 

there are no existing sources of the 

designated pollutants within the State 

or local agency’s jurisdiction, the State 

or local agency may submit a letter of 

certification to that effect or negative 

declaration) in lieu of a plan. The 

negative declaration exempts the state 

or local agency from the requirements to 

submit a plan for that designated 

pollutant. 

Final Action 

The Nashville/Davidson County 

Metropolitan Health Department, Knox 

County Department of Air Quality 

Department, and Memphis-Shelby 

County Health Department in Tennessee 

have determined that there are no 

designated facilities subject to the large 

MWC emission guidelines in their 

respective jurisdictions. Consequently, 

Nashville/Davidson County, Knox 

County, and Memphis-Shelby County, 

Tennessee have submitted letters of 

negative declaration certifying this fact. 

Pursuant to 40 CFR part 60, subpart Cb 

EPA is providing the public with notice 

of these negative declarations. Notice of 

these negative declarations will appear 

at 40 CFR part 62. 

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 notifies 

the public of negative declarations for 

large MWC units received by EPA from 

state or local agencies. This action 

imposes no requirements. Accordingly, 

the Administrator certifies that this 

action 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 large MWC 

units from state and local agencies and 


cprice-sewell on PRODPC61 with RULES
Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations 27723 

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 is not 

economically significant. 

With regard to negative declarations 

for large MWC units received by EPA 

from States or local agencies, 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 

negative declaration submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it receives a CAA section 

111(d)/129 negative declaration, to use 

VCS in place of a CAA 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.). 

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 action 

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). 

List of Subjects in 40 CFR Part 62 

Environmental protection; 

Administrative practice and procedure; 

Air pollution control; Intergovernmental 

relations; Reporting and recordkeeping 

requirements. 

Dated: April 10, 2009. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

■ 40 CFR part 62 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 RR—(Tennessee) 

■ 2. Part 62 is amended by adding a new 

undesignated center heading to subpart 

RR and a new § 62.10634 to read as 

follows: 

Air Emissions From Existing Large 

Municipal Waste Combustors (MWC)— 

SECTION 111(d)/129 Plan 

§ 62.10634 Identification of plan—negative 

declarations. 

Letters from Nashville/Davidson 

County Metropolitan Health 

Department, Knox County Department 

Air Quality Management, and MemphisShelby County Health Department, 

Tennessee submitted on August 16, 

2004, March 25, 2008, and February 20, 

2008, certifying that there are no large 

MWC units subject to 40 CFR part 60, 

subpart Cb in their respective 

jurisdictions. 

[FR Doc. E9–13602 Filed 6–10–09; 8:45 am] 

BILLING CODE 6560–50–P 


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