

[Federal Register: May 8, 2007 (Volume 72, Number 88)]
[Rules and Regulations]               
[Page 25978-25980]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my07-17]                         

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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.

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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.

[[Page 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.

0
Chapter I, title 40 of the Code of Federal Regulations 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 Q--Iowa

0
2. Subpart Q is amended by adding an undesignated center heading and 
Sec.  62.3917 to read as follows:

Air Emissions From Existing ``Other'' Solid Waste Incineration Units


Sec.  62.3917  Identification of plan--negative declaration.

    Letter from the Iowa Department of Natural Resources submitted 
March 8,

[[Page 25980]]

2007, certifying that there are no commercial and industrial solid 
waste incineration units subject to 40 CFR part 60, subpart EEEE.

Subpart R--Kansas

0
3. Subpart R is amended by adding an undesignated center heading and 
Sec.  62.4182 to read as follows:

Air Emissions From Existing ``Other'' Solid Waste Incineration Units


Sec.  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

0
4. Subpart AA is amended by adding an undesignated center heading and 
Sec.  62.6361 to read as follows:

Air Emissions From Existing ``Other'' Solid Waste Incineration Units


Sec.  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
