Approval and Promulgation of State Plan for Designated Facilities and Pollutants; Forsyth County, Mecklenburg County and Buncombe County, NC, and Chattanooga-Hamilton County, Knox County, and Memphis-Shelby County, TN, 9229-9230 [05-3675]
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Federal Register / Vol. 70, No. 37 / Friday, February 25, 2005 / Rules and Regulations
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by April 26, 2005.
Interested parties should comment in
response to the proposed rule rather
than petition for judicial review, unless
the objection arises after the comment
period allowed for in the proposal.
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, Carbon monoxide,
Metals, Nitrogen dioxide, Particulate
matter, Sulfur oxides, Waste treatment
and disposal, Reporting and recordkeeping requirements.
Dated: February 14, 2005.
Robert W. Varney,
Regional Administrator, EPA New England.
40 CFR part 62 of the Code of Federal
Regulations is amended as follows:
I
PART 62—[AMENDED]
1. The authority citation for part 62
continues to read as follows:
I
Authority: 42 U.S.C. 7401–7671q.
Subpart H—Connecticut
2. Section 62.1500 is amended by
adding paragraph (b)(3), revising
paragraph (c) introductory text; and
adding paragraph (c)(2) to read as
follows:
I
Plan for the Control of Designated
Pollutants From Existing Facilities
(Section 111(d) Plan)
§ 62.1500
Identification of Plan.
*
*
*
*
*
(b) * * *
(3) Revision to Plan to implement the
Large and Small Municipal Waste
Combustors, submitted on September
16, 2004.
(c) The Plan applies to existing
sources in the following categories:
* * *
(2) Small municipal waste combustors
with a design combustion capacity of 35
to 250 tons per day of municipal solid
waste.
VerDate jul<14>2003
16:17 Feb 24, 2005
Jkt 205001
3. Section 62.1501 is amended by
revising the undesignated center heading
and adding paragraph (a)(6) to read as
follows:
I
Metals, Acid Gases, Organic
Compounds and Nitrogen Oxides From
Existing Large and Small Municipal
Waste Combustors
§ 62.1501
Identification of sources.
(a) * * *
(6) Connecticut Resource Recovery
Authority/Covanta Projects of
Wallingford, L.P. in Wallingford.
*
*
*
*
*
[FR Doc. 05–3679 Filed 2–24–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[R04–OAR–2004–NC–0003–200426; FRL–
7877–3]
Approval and Promulgation of State
Plan for Designated Facilities and
Pollutants; Forsyth County,
Mecklenburg County and Buncombe
County, NC, and ChattanoogaHamilton County, Knox County, and
Memphis-Shelby County, TN
Environmental Protection
Agency (EPA).
ACTION: Final rule; notice of
administrative change.
AGENCY:
SUMMARY: EPA is notifying the public
that it has received negative
declarations for Commercial and
Industrial Solid Waste Incineration
(CISWI) units from Forsyth County,
Mecklenburg County, and Buncombe
County, North Carolina, and
Chattanooga-Hamilton County, Knox
County, and Memphis-Shelby County,
Tennessee. These negative declarations
certify that CISWI 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 Forsyth
County, Mecklenburg County, and
Buncombe County, North Carolina, and
Chattanooga-Hamilton County, Knox
County, and Memphis-Shelby County,
Tennessee.
DATES: Effective February 25, 2005.
ADDRESSES: Docket: All documents are
located in the Regional Material Edocket
(RME)—ID No.R04–OAR–2004–NC–
0003. The RME index can be found at
https://docket.epa.gov/rmepub/.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
9229
(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 RME 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 30303–8960. EPA
requests that if at all possible, you
contact the contact 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 to 4:30,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Joydeb Majumder at (404) 562–9121 or
Melissa Krenzel at (404) 562–9196.
SUPPLEMENTARY INFORMATION: Section
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 emissions
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 new or
modified CISWI units have been
established by EPA and emission
guidelines for CISWI units were
promulgated in December 2000. The
emission guidelines are codified at 40
CFR part 60, subpart DDDD. 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 at designated facilities.
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
develop and submit a plan for their
respective jurisdiction 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
E:\FR\FM\25FER1.SGM
25FER1
9230
Federal Register / Vol. 70, No. 37 / Friday, February 25, 2005 / Rules and Regulations
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 requirement to
submit a plan for that designated
pollutant .
Final Action
Forsyth County, Mecklenburg County,
and Buncombe County, North Carolina
and Chattanooga-Hamilton County,
Knox County, and Memphis-Shelby
County, Tennessee, have determined
that there are no existing CISWI units in
their respective jurisdictions.
Consequently, Forsyth County,
Mecklenburg County, and Buncombe
County, North Carolina and
Chattanooga-Hamilton County, Knox
County, and Memphis-Shelby County,
Tennessee, have submitted letters of
negative declaration certifying this fact.
Pursuant to 40 CFR 60.2530 (Subpart
DDDD), 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
CISWI units received by EPA from state
or local agencies. The 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
(Public Law 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
VerDate jul<14>2003
16:17 Feb 24, 2005
Jkt 205001
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 CISWI units
from state or local agencies and 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 CISWI units received by EPA from
state 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).
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
List of Subjects 40 CFR Part 62
Environmental protection, Air
pollution control, Nitrogen dioxide,
Particulate matter, Sulfur oxides.
Dated: February 9, 2005.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
I
PART 62—[AMENDED]
1. The authority citation for part 62
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart II—North Carolina
2. Subpart II is amended by adding an
undesignated center heading and
§ 62.8354 to read as follows:
I
Air Emissions From Commercial and
Industrial Solid Waste Incineration
Units
§ 62.8354 Identification of plan—negative
declaration.
Letters from Forsyth County,
Mecklenburg County, and Buncombe
County, North Carolina were submitted
on November 25, 2002, January 22, 2003
and November 6, 2002, respectively,
certifying that there are no Commercial
and Industrial Solid Waste Incineration
units subject to 40 CFR part 60, subpart
DDDD.
Subpart RR—Tennessee
3. Subpart RR is amended by adding an
undesignated center heading and
§ 62.10629 to read as follows:
I
Air Emissions From Commercial and
Industrial Solid Waste Incineration
Units
§ 62.10629 Identification of plan—negative
declaration.
Letters from Chattanooga-Hamilton
County, Knox County, and MemphisShelby County, Tennessee were
submitted on April 23, 2003, November
17, 2002 and October 7, 2002,
respectively, certifying that there are no
Commercial and Industrial Solid Waste
Incineration units subject to 40 CFR part
60, subpart DDDD.
[FR Doc. 05–3675 Filed 2–24–05; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\25FER1.SGM
25FER1
]]>Agencies
[Federal Register Volume 70, Number 37 (Friday, February 25, 2005)]
[Rules and Regulations]
[Pages 9229-9230]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3675]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[R04-OAR-2004-NC-0003-200426; FRL-7877-3]
Approval and Promulgation of State Plan for Designated Facilities
and Pollutants; Forsyth County, Mecklenburg County and Buncombe County,
NC, and Chattanooga-Hamilton County, Knox County, and Memphis-Shelby
County, TN
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; notice of administrative change.
-----------------------------------------------------------------------
SUMMARY: EPA is notifying the public that it has received negative
declarations for Commercial and Industrial Solid Waste Incineration
(CISWI) units from Forsyth County, Mecklenburg County, and Buncombe
County, North Carolina, and Chattanooga-Hamilton County, Knox County,
and Memphis-Shelby County, Tennessee. These negative declarations
certify that CISWI 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 Forsyth County, Mecklenburg
County, and Buncombe County, North Carolina, and Chattanooga-Hamilton
County, Knox County, and Memphis-Shelby County, Tennessee.
DATES: Effective February 25, 2005.
ADDRESSES: Docket: All documents are located in the Regional Material
Edocket (RME)--ID No.R04-OAR-2004-NC-0003. The RME index can be found
at https://docket.epa.gov/rmepub/. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (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 RME 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 30303-8960. EPA requests that if at all
possible, you contact the contact 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 to 4:30,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Joydeb Majumder at (404) 562-9121 or
Melissa Krenzel at (404) 562-9196.
SUPPLEMENTARY INFORMATION: Section 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 emissions 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 new or modified CISWI units have been
established by EPA and emission guidelines for CISWI units were
promulgated in December 2000. The emission guidelines are codified at
40 CFR part 60, subpart DDDD. 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 at
designated facilities. 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 develop and submit a plan for
their respective jurisdiction 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
[[Page 9230]]
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 requirement to submit a plan for that
designated pollutant .
Final Action
Forsyth County, Mecklenburg County, and Buncombe County, North
Carolina and Chattanooga-Hamilton County, Knox County, and Memphis-
Shelby County, Tennessee, have determined that there are no existing
CISWI units in their respective jurisdictions. Consequently, Forsyth
County, Mecklenburg County, and Buncombe County, North Carolina and
Chattanooga-Hamilton County, Knox County, and Memphis-Shelby County,
Tennessee, have submitted letters of negative declaration certifying
this fact. Pursuant to 40 CFR 60.2530 (Subpart DDDD), 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 CISWI units
received by EPA from state or local agencies. The 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 (Public Law 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 CISWI units from state or
local agencies and 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 CISWI units received by
EPA from state 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 40 CFR Part 62
Environmental protection, Air pollution control, Nitrogen dioxide,
Particulate matter, Sulfur oxides.
Dated: February 9, 2005.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
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 II--North Carolina
0
2. Subpart II is amended by adding an undesignated center heading and
Sec. 62.8354 to read as follows:
Air Emissions From Commercial and Industrial Solid Waste Incineration
Units
Sec. 62.8354 Identification of plan--negative declaration.
Letters from Forsyth County, Mecklenburg County, and Buncombe
County, North Carolina were submitted on November 25, 2002, January 22,
2003 and November 6, 2002, respectively, certifying that there are no
Commercial and Industrial Solid Waste Incineration units subject to 40
CFR part 60, subpart DDDD.
Subpart RR--Tennessee
0
3. Subpart RR is amended by adding an undesignated center heading and
Sec. 62.10629 to read as follows:
Air Emissions From Commercial and Industrial Solid Waste Incineration
Units
Sec. 62.10629 Identification of plan--negative declaration.
Letters from Chattanooga-Hamilton County, Knox County, and Memphis-
Shelby County, Tennessee were submitted on April 23, 2003, November 17,
2002 and October 7, 2002, respectively, certifying that there are no
Commercial and Industrial Solid Waste Incineration units subject to 40
CFR part 60, subpart DDDD.
[FR Doc. 05-3675 Filed 2-24-05; 8:45 am]
BILLING CODE 6560-50-P
