Approval and Promulgation of State Plans for Designated Facilities and Pollutants; States of Iowa, Kansas, Missouri, and Nebraska

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[FRL-5868-3]

Approval and Promulgation of State Plans for Designated

Facilities and Pollutants; States of Iowa, Kansas, Missouri, and

Nebraska

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On December 19, 1995, the EPA promulgated Clean Air Act (CAA)

section 111(d)/129 emission guidelines for existing Municipal Waste

Combustors (MWC) with the capacity to combust in aggregate greater than

35 megagrams (Mg) per day of municipal solid waste (MSW). Section

111(d) requires that states with designated facilities subject to these

emission guidelines submit to the EPA plans to control the designated

pollutants addressed in the guidelines. If no designated facility is

located within a state, the state may submit a letter of certification

to that effect, i.e., a negative declaration, in lieu of a plan. The

EPA has received negative declarations from Iowa, Kansas, Missouri, and

Nebraska regarding designated facilities in their states. Today the EPA

is taking action to approve those negative declarations.

DATES: This action is effective October 3, 1997, unless by September 3,

1997, adverse or critical comments are received.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours at the:

Environmental Protection Agency, Air Planning and Development Branch,

726 Minnesota Avenue, Kansas City, Kansas 66101.

FOR FURTHER INFORMATION CONTACT: Aaron J. Worstell at (913) 551-7787.

SUPPLEMENTARY INFORMATION:

I. Background

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 the 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 Act, but

emissions of which are subject to a standard of performance for new

stationary sources.

On February 11, 1991, the EPA promulgated section 111(d) emission

guidelines for existing MWC (56 FR 5523). The emission guidelines were

codified at 40 CFR 60 subpart Ca and applied to existing MWC units with

the capacity to combust greater than 225 Mg per day of MSW. Section 129

of the Act, added by the 1990 Amendments, required that these emission

guidelines be revised to: (1) reflect maximum available control

technology; (2) specify guideline emission levels for additional

pollutants; and (3) apply to MWC with capacities less than 225 Mg per

day of MSW. Accordingly, the EPA, on December 19, 1995, promulgated

emission guidelines that meet both the requirement of section 111(d)

and section 129 of the CAA. These emission guidelines were codified at

40 CFR 60 subpart Cb, replacing subpart Ca. The subpart Cb emission

guidelines apply to existing MWC plants with aggregate charging

capacities greater than 35 Mg per day of MSW and establish the

[[Page 41873]]

emission limits for MWC metals, MWC acid gases, MWC organics, and MWC

nitrogen oxides. Refer to 60 FR 65415 for a complete discussion of

subpart Cb.

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 Code of

Federal Regulations 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.

II. Final Action

The EPA is taking final action to approve the negative declarations

submitted by the states of Iowa, Kansas, Missouri, and Nebraska.

The EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve this action

should adverse or critical comments be filed. This action is effective

October 3, 1997, unless, by September 3, 1997, adverse or critical

comments are received.

If the EPA receives such comments, this action will be withdrawn

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 this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action is effective October 3, 1997.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request relating to

revision to any 111(d) plan. Each request shall be considered

separately in light of specific technical, economic, and environmental

factors, and in relation to relevant statutory and regulatory

requirements.

III. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget has exempted this regulatory

action from Executive Order 12866 review.

B. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et. seq., the

EPA must prepare a regulatory flexibility analysis assessing the impact

of any proposed or final rule on small entities (5 U.S.C. 603 and 604).

Alternatively, the EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000. I hereby certify that approval of these negative declarations

will not have a significant impact on a substantial number of small

entities.

C. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, the EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to state, local, or tribal governments in the aggregate; or to

private sector, of $100 million or more. Under section 205, the EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires the EPA to establish a

plan for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

The EPA has determined that the approval action promulgated does

not include a Federal mandate that may result in estimated costs of

$100 million or more to either state, local, or tribal governments in

the aggregate, or to the private sector. This Federal action approves

negative declarations in lieu of regulatory plans, and imposes no new

requirements. Accordingly, no additional costs to state, local, or

tribal governments, or to the private sector, result from this action.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, the EPA submitted 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

General Accounting Office prior to publication of this rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

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 October 3, 1997. 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, Air pollution control, Municipal waste

incinerators, Nitrogen dioxide, Particulate matter, and Sulfur oxides.

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

Dated: July 11, 1997.

Dennis Grams, P.E.,

Regional Administrator.

Part 62, 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. 7401-7671q.

Subpart Q--Iowa

2. Subpart Q is amended by adding an undesignated center heading

and paragraph Sec. 62.3912 to read as follows:

Emissions from Existing Municipal Waste Combustors With the

Capacity to Burn Greater than 35 Megagrams Per Day of Municipal

Solid Waste

Sec. 62.3912 Identification of plan-negative declaration.

Letter from the Iowa Department of Natural Resources submitted

December 27, 1996, certifying that there are no municipal waste

combustors in the state of Iowa subject to part 60, subpart Cb of this

chapter.

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Subpart R--Kansas

3. Subpart R is amended by adding an undesignated center heading

and paragraph Sec. 62.4177 to read as follows:

Emissions From Existing Municipal Waste Combustors With the

Capacity To Burn Greater than 35 Megagrams Per Day of Municipal

Solid Waste

Sec. 62.4177 Identification of plan--negative declaration.

Letter from the Kansas Department of Health submitted April 26

1996, certifying that there are no municipal waste combustors in the

state of Kansas subject to part 60, subpart Cb of this chapter.

Subpart AA--Missouri

4. Subpart AA is amended by adding an undesignated center heading

and paragraph Sec. 62.6356 to read as follows:

Emissions From Existing Municipal Waste Combustors With the

Capacity To Burn Greater than 35 Megagrams Per Day of Municipal

Solid Waste

Sec. 62.6356 Identification of plan--negative declaration.

Letter from the Air Pollution Control Program of the Department of

Natural Resources submitted June 3, 1996, certifying that there are no

municipal waste combustors in the state of Missouri subject to part 60,

subpart Cb of this chapter.

Subpart CC--Nebraska

5. Subpart CC is amended by adding an undesignated center heading

and paragraph Sec. 62.6912 to read as follows:

Emissions From Existing Municipal Waste Combustors With the

Capacity To Burn Greater than 35 Megagrams Per Day of Municipal

Solid Waste

Sec. 62.6912 Identification of plan--negative declaration.

Letter from the Air Quality Section of the Nebraska Department of

Environmental Quality submitted May 13, 1996, certifying that there are

no municipal waste combustors in the state of Nebraska subject to part

60, subpart Cb of this chapter.

[FR Doc. 97-20475 Filed 8-1-97; 8:45 am]

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