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[Federal Register Volume 66, Number 249 (Friday, December 28, 2001)]
[Rules and Regulations]
[Pages 67096-67098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31943]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[AZ, CA, HI, NV-066-MSWa; FRL-7122-9]

Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants: Negative Declarations; Municipal Waste 
Combustion; Arizona; California; Hawaii; Nevada

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is amending certain regulations to reflect the receipt of 
negative declarations from Arizona, California, Hawaii, and Nevada. 
These negative declarations certify that there are no small municipal 
waste combustion units in these States that would be subject to the 
control requirements of the federal emission guidelines.

DATES: This direct final rule is effective on February 26, 2002 without 
further notice, unless EPA receives relevant adverse comments by 
January 28, 2002. If EPA receives such comments, then it will publish a 
timely withdrawal in the Federal Register informing the public that 
this rule will not take effect.

ADDRESSES: Comments must be submitted to Andrew Steckel at the Region 
IX office listed below. Copies of the letters of negative declaration 
are available for public inspection at EPA's Region IX office during 
normal business hours. U.S. Environmental Protection Agency, Region IX, 
Rulemaking Office (AIR-4), Air Division, 75 Hawthorne Street, San 
Francisco, CA 94105-3901.

FOR FURTHER INFORMATION CONTACT: Mae Wang, U.S. Environmental 
Protection Agency, Region IX, 75 Hawthorne Street (AIR-4), San 
Francisco, CA 94105-3901, Telephone: (415) 947-4124.

SUPPLEMENTARY INFORMATION:

I. Background

    Under section 111(d) of the Clean Air Act (CAA), EPA has 
established procedures whereby States submit plans to control certain 
existing sources of ``designated pollutants.'' Designated pollutants 
are defined as pollutants for which a standard of performance for new 
sources applies under section 111 but which are not ``criteria 
pollutants'' (i.e., pollutants for which National Ambient Air Quality 
Standards (NAAQS) are set pursuant to sections 108 and 109 of the CAA) 
or hazardous air pollutants (HAPs) regulated under section 112 of the 
CAA. As required by CAA section 111(d), EPA established a

[[Page 67097]]

process at 40 CFR Part 60, Subpart B, which States must follow in 
adopting and submitting a section 111(d) plan. Whenever EPA promulgates 
new source performance standards (NSPS) that control a designated 
pollutant, EPA establishes emission guidelines (EG) applicable to 
existing sources in accordance with 40 CFR 60.22 which contain 
information pertinent to the control of the designated pollutant from 
that NSPS source category (i.e., the ``designated facility'' as defined 
at 40 CFR 60.21(b)). Thus, a State's section 111(d) plan for a 
designated facility must comply with the EG for that source category as 
well as 40 CFR part 60, subpart B (40 CFR 60.23 through 60.26).
    On December 6, 2000, EPA promulgated EG for existing small 
municipal waste combustion units (MWCs) at 40 CFR part 60, Subpart 
BBBB, (Emission Guidelines and Compliance Times for Small Municipal 
Waste Combustion Units Constructed On or Before August 30, 1999) (see 
65 FR 76378). States are required to submit either a plan to implement 
and enforce the EG or, if there are no existing small MWCs subject to 
the EG in the State, a negative declaration letter. A negative 
declaration letter is a letter from a State authority certifying that 
there are no designated facilities (MWC units with a capacity to 
combust at least 35 tons per day but no more than 250 tons per day of 
municipal solid waste) in that State. The negative declaration letter 
is submitted in lieu of a State plan.

II. EPA Action

    The States of Arizona, California, Hawaii, and Nevada have each 
submitted negative declaration letters certifying that there are no 
existing small MWCs that are subject to the control requirements of the 
emission guidelines within their State. The dates that these letters 
were submitted are identified in the table below.

------------------------------------------------------------------------
 State agency that submitted the negative
                declaration                     Date of letter to EPA
------------------------------------------------------------------------
Arizona Department of Environmental         March 15, 2001.
 Quality.
California Environmental Protection         July 20, 2001.
 Agency, Air Resources Board.
State of Hawaii, Department of Health.....  March 13, 2001.
State of Nevada, Department of              March 26, 1997.
 Conservation and Natural Resources,
 Division of Environmental Protection.
------------------------------------------------------------------------

    EPA is amending part 62 to reflect the receipt of negative 
declaration letters from these States. Amendments are being made to 40 
CFR part 62, subparts D (Arizona), F (California), M (Hawaii), and DD 
(Nevada).

III. Administrative 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 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 (Public Law 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 negative 
declarations submitted by States, 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, 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing State plan submissions, our 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), we have 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. We will submit a report containing this rule and other 
required information to the United States Senate, the United States 
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 February 26, 2002. 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 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, Reporting and recordkeeping requirements.

    Dated: December 6, 2001.
Wayne Nastri,
Regional Administrator, Region IX.

    Title 40, chapter I, part 62 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:

[[Page 67098]]

    Authority: 42 U.S.C. 7401-7671q.

Subpart D--Arizona

    2. Subpart D is amended by adding an undesignated center heading 
and Sec. 62.640 to read as follows:

Emissions From Small Existing Municipal Waste Combustion Units

Sec. 62.640  Identification of plan--negative declaration.

    Letter from the Arizona Department of Environmental Quality, 
submitted on March 15, 2001, certifying that there are no small 
municipal waste combustion units subject to part 60, subpart BBBB, of 
this chapter.

Subpart F--California

    3. Subpart F is amended by adding an undesignated center heading 
and Sec. 62.1125 to read as follows:

Emissions From Small Existing Municipal Waste Combustion Units

Sec. 62.1125  Identification of plan--negative declaration.

    Letter from the California Air Resources Board, submitted on July 
20, 2001, certifying that there are no small municipal waste combustion 
units subject to part 60, subpart BBBB, of this chapter.

    4. Part 62 is amended by adding Subpart M to read as follows:

Subpart M--Hawaii

Emissions From Small Existing Municipal Waste Combustion Units

Sec. 62.2850  Identification of plan--negative declaration.

    Letter from the State of Hawaii Department of Health, submitted on 
March 13, 2001, certifying that there are no small municipal waste 
combustion units subject to part 60, subpart BBBB, of this chapter.

Subpart DD--Nevada

    5. Subpart DD is amended by adding an undesignated center heading 
and Sec. 62.7125 to read as follows:

Emissions From Small Existing Municipal Waste Combustion Units

Sec. 62.7125  Identification of plan--negative declaration.

    Letter from the Nevada Division of Environmental Protection, 
submitted on March 26, 1997, certifying that there are no existing 
municipal waste combustion units subject to part 60, subpart BBBB, of 
this chapter.
[FR Doc. 01-31943 Filed 12-27-01; 8:45 am]
BILLING CODE 6560-50-P
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