
[Federal Register: March 26, 2009 (Volume 74, Number 57)]
[Rules and Regulations]               
[Page 13122-13124]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26mr09-20]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R09-OAR-2008-0942; FRL-8781-2]

 
Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants; Control of Emissions From 
Existing Other Solid Waste Incinerator Units; Arizona; Pima County 
Department of Environmental Quality

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a negative 
declaration submitted by the Pima County Department of Environmental 
Quality. The negative declaration certifies that other solid waste 
incinerator units, subject to the requirements of sections 111(d) and 
129 of the Clean Air Act, do not exist within the agency's air 
pollution control jurisdiction.

DATES: This rule is effective on May 26, 2009 without further notice, 
unless EPA receives adverse comments by April 27, 2009. If we receive 
such comment, we will publish a timely withdrawal in the Federal 
Register to notify the public that this direct final rule will not take 
effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2008-0942, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions.
    2. E-mail: steckel.andrew@epa.gov.
    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments 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 Confidential Business Information (CBI) or 
other information whose disclosure is restricted by statute. 
Information that you consider CBI or otherwise protected should be 
clearly identified as such and should not be submitted through http://
www.regulations.gov or e-mail. http://www.regulations.gov is an 
``anonymous access'' system, and EPA will not know your identity or 
contact information unless you provide it in the body of your comment. 
If you send e-mail directly to EPA, your e-mail address will be 
automatically captured and included as part of the public comment. 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.
    Docket: The index to the docket for this action is available 
electronically at http://www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California.
    While all documents in the docket are listed in the index, some 
information may be publicly available only at the hard copy location 
(e.g., copyrighted material), and some may not be publicly available in 
either location (e.g., CBI). To inspect the hard copy materials, please 
schedule an appointment during normal business hours with the contact 
listed in the FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Mae Wang, EPA Region IX, (415) 947-
4124, wang.mae@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. Background
II. Final EPA Action
III. Statutory and Executive Order Reviews

I. Background

    Sections 111(d) and 129 of the Clean Air Act (CAA or the Act) 
require States to submit plans to control certain pollutants 
(designated pollutants) at existing solid waste combustor 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 (EG) 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. However, section 129 of the CAA also requires EPA 
to promulgate EG for solid waste incineration units that emit a mixture 
of air pollutants. These pollutants include organics (dioxins/furans), 
carbon monoxide, metals (cadmium, lead, mercury), acid gases (hydrogen 
chloride, sulfur dioxide, and nitrogen oxides) and particulate matter 
(including opacity).

[[Page 13123]]

    On December 16, 2005, (70 FR 74870), EPA promulgated new source 
performance standards and EG for other solid waste incineration (OSWI) 
units, located at 40 CFR part 60, subparts EEEE and FFFF, respectively. 
The designated facility to which the EG apply is each existing OSWI 
unit, as defined in subpart FFFF, that commenced construction on or 
before December 9, 2004.
    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. Also, 40 CFR part 62 
provides the procedural framework for the submission of these plans. 
When designated facilities are located in a State, the State must then 
develop and submit a plan for the control of the designated pollutant. 
However, 40 CFR 60.23(b) and 62.06 provide 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 (i.e., negative 
declaration) in lieu of a plan. The negative declaration exempts the 
State from the requirements of subpart B for the submittal of a 111(d)/
129 plan.

II. Final EPA Action

    The Pima County Department of Environmental Quality (PDEQ) has 
determined that there are no designated facilities subject to the OSWI 
unit EG requirements in its air pollution control jurisdiction. On 
April 14, 2008, PDEQ submitted to EPA a negative declaration letter 
certifying this fact. EPA is amending 40 CFR part 62, subpart D--
Arizona, to reflect the receipt of this negative declaration letter.
    After publication of this Federal Register notice, if an OSWI 
facility is later found within the PDEQ jurisdiction, then the 
overlooked facility will become subject to the requirements of the 
Federal OSWI 111(d)/129 plan, including the compliance schedule. The 
Federal plan would no longer apply if EPA were to subsequently receive 
and approve a 111(d)/129 plan from PDEQ.
    EPA is publishing this action without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. This action simply reflects already existing Federal 
requirements for State air pollution control agencies under 40 CFR 
parts 60 and 62. In the Proposed Rules section of this Federal Register 
publication, EPA is publishing a separate document that will serve as 
the proposal to approve PDEQ's negative declaration should relevant 
adverse or critical comments be filed.
    This rule will be effective May 26, 2009 without further notice 
unless the Agency receives relevant adverse comments by April 27, 2009. 
If EPA receives such comments, then EPA will publish a timely 
withdrawal in the Federal Register to notify the public that the direct 
final approval will not take effect and we will address the comments in 
a subsequent final action based on the proposal. The EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting must do so at this time.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
state plan submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7429(b)(2); 40 CFR 62.02(a). 
Thus, in reviewing state plan submissions, EPA's role is to approve 
state choices, provided that they meet the criteria of the Clean Air 
Act. Accordingly, this action merely approves state law as meeting 
Federal requirements and does not impose additional requirements beyond 
those imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because it is not approved to apply in Indian country located in the 
state, and EPA notes that it will not impose substantial direct costs 
on tribal governments or preempt tribal law.
    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 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 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).

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Aluminum, Fertilizers, Fluoride, 
Intergovernmental relations, Paper and paper products industry, 
Phosphate, Reporting and recordkeeping requirements, Sulfur oxides, 
Sulfuric acid plants, Waste treatment and disposal.

    Dated: February 18, 2009.
Jane Diamond,
Acting Regional Administrator, Region IX.

0
Part 62, 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. 7401-7671q.

Subpart D--Arizona

0
2. Subpart D is amended by adding an undesignated center heading and 
Sec.  62.660 to read as follows:

[[Page 13124]]

Emissions From Existing Other Solid Waste Incineration Units


Sec.  62.660  Identification of plan--negative declaration.

    Letter from the Pima County Department of Environmental Quality, 
submitted on April 14, 2008, certifying that there are no existing 
other solid waste incineration units in its jurisdiction subject to 40 
CFR part 60, subpart FFFF, of this chapter.

 [FR Doc. E9-6641 Filed 3-25-09; 8:45 am]
