
[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Rules and Regulations]
[Pages 27722-27723]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13602]


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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.

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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

[[Page 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.

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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 RR--(Tennessee)

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2. Part 62 is amended by adding a new undesignated center heading to 
subpart RR and a new Sec.  62.10634 to read as follows:

Air Emissions From Existing Large Municipal Waste Combustors (MWC)--
SECTION 111(d)/129 Plan


Sec.  62.10634  Identification of plan--negative declarations.

    Letters from Nashville/Davidson County Metropolitan Health 
Department, Knox County Department Air Quality Management, and Memphis-
Shelby 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


