Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants, Commonwealth of Virginia; Control of Municipal Waste Combustor Emissions From Small Existing Municipal Solid Waste Combustor Units, 39927-39931 [05-13700]

Download as PDF Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Rules and Regulations requirements and imposes no additional requirements beyond those imposed by state law. 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 pre-existing requirements under state law 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 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 6, 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 a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. 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 is not economically significant. This action does not involve technical standards; 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, VerDate jul<14>2003 14:34 Jul 11, 2005 Jkt 205001 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 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 September 12, 2005. 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 52 Environmental protection, Air pollution control, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Dated: June 24, 2005. Ronald A. Kreizenbeck, Acting Regional Administrator, Region 10. Chapter I, title 40 of the Code of Federal Regulations is corrected by making the following correcting amendments: I PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart WW—Washington 2. Section 52.2475 is amended by revising paragraphs (e)(1) and (2) to read as follows: I § 52.2475 Approval of plans. * * * * * (e) * * * (1) Yakima. (i) EPA approves as a revision to the Washington State Implementation Plan, the Yakima County PM–10 Nonattainment Area Limited Maintenance Plan adopted by the Yakima Regional Clean Air Authority on June 9, 2004, and adopted and submitted by the Washington Department of Ecology on July 8, 2004. (ii) [Reserved] (2) Wallula. (i) EPA approves as a revision to the Washington State Implementation Plan, the Wallula Serious Area Plan for PM10 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 39927 adopted by the State on November 17, 2004 and submitted to EPA on November 30, 2004. (ii) [Reserved] * * * * * [FR Doc. 05–13554 Filed 7–11–05; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [RO3–OAR–2005–VA–0009; FRL–7937–5] Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants, Commonwealth of Virginia; Control of Municipal Waste Combustor Emissions From Small Existing Municipal Solid Waste Combustor Units Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: SUMMARY: EPA is taking direct final action to approve the Commonwealth of Virginia Department of Environmental Quality (DEQ) small municipal waste combustor plan (the plan) for implementing emission guideline (EG) requirements promulgated under the Clean Air Act (the Act). The plan establishes emission limits, monitoring, operating, and recordkeeping requirements for existing small MWC units with capacities of 35 to 250 tons per day (TPD) of municipal solid waste (MSW). An existing MWC unit is defined as one for which construction commenced on or before August 30, 1999. DATES: This rule is effective September 12, 2005 without further notice, unless EPA receives adverse written comment by August 11, 2005. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Regional Material in EDocket (RME) ID Number RO3–OAR– 2005–VA–0009 by one of the following methods: A. Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting comments. B. Agency Web site: http:// www.docket.epa.gov/rmepub/ RME, EPA’s electronic public docket and comment system, is EPA’s preferred method for receiving comments. Follow the on-line instructions for submitting comments. E:\FR\FM\12JYR1.SGM 12JYR1 39928 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Rules and Regulations C. E-mail: http:// wilkie.walter@epa.gov. D. Mail: RO3–OAR–2005–VA–0009, Walter Wilkie, Chief, Air Quality Analysis, Mailcode 3AP22, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. E. Hand Delivery: At the previouslylisted EPA Region III address. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to RME ID No. RO3–OAR–2005–VA–0009. 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.docket.epa.gov/rmepub/, 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 information that you consider to be CBI or otherwise protected through RME, regulations.gov or e-mail. The EPA RME and the Federal regulations.gov Web sites are 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 RME or 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 RME index at http://www.docket.epa.gov/ rmepub/. 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 RME or in hard copy during normal business VerDate jul<14>2003 14:34 Jul 11, 2005 Jkt 205001 hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the Virginia Department of Environmental Quality, 629 East Main Street, Richmond, Virginia 23219. FOR FURTHER INFORMATION CONTACT: James B. Topsale, P.E., at (215) 814– 2190, or by e-mail at topsale.jim@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On April 8, 1997, the United States Court of Appeals for the District of Columbia Circuit vacated the initial MWC unit rules, subparts Cb and Eb as they apply to MWC units with capacity to combust less than or equal to 250 tons per day (TPD) of municipal solid waste (MSW), consistent with their opinion in Davis County Solid Waste Management and Recovery District v. EPA, 101 F.3d 1395 (D.C. Cir. 1996), as amended, 108 F.3d 1454 (D.C. Cir. 1997). As a result, subparts Cb and Eb were amended to apply only to MWC units with the capacity to combust more than 250 TPD of MSW per unit (i.e., large MWC units). Also, in response to the court’s decision, on December 6, 2000, EPA promulgated new source performance standards (NSPS) applicable to new small MWCs (i.e., construction commenced after August 30, 1999) and EG applicable to existing small MWC units. The NSPS and EG are codified at 40 CFR part 60, subparts AAAA and BBBB, respectively. See 65 FR 76350 and 76378. These subparts regulate the following air pollutants: Particulate matter, opacity, sulfur dioxide, hydrogen chloride, oxides of nitrogen, carbon monoxide, lead, cadmium, mercury, and dioxins and dibenzofurans. Under sections 111 and 129 of the Act, EG are not federally enforceable. However, section 129(b)(2) of the Act requires States to submit to EPA for approval State Plans that implement and enforce the EG. State Plans must be at least as protective as the EG, and become federally enforceable as a section 111(d)/129 plan upon approval by EPA. The procedures for adoption and submittal of State Plans are codified in 40 CFR part 60, subpart B. As required by Section 129(b)(3) of the Act, on January 31, 2003 EPA promulgated a Federal Implementation Plan (FP) for small MWCs that commenced constructed on or before August 30, 1999. The FP is a set of maximum available control technology (MACT) requirements that implement PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 the December 2000 MWC emission guidelines. The FP is applicable to those small existing MWC units not specifically covered by an approved State Plan under sections 111(d) and 129 of the CAA. It fills a Federal enforceability gap until State Plans are approved and ensures that the MWC units stay on track to complete, in an expeditious manner, pollution control equipment retrofits in order to meet the final statutory compliance date on or before of December 6, 2005. II. Review of Virginia’s MWC Plan EPA has reviewed the Virginia plan, submitted on September 2, 2003, for existing small MWC units in the context of the requirements of 40 CFR part 60, and subparts B and BBBB, as amended. State Plans must include the following essential elements: (1) Identification of legal authority, (2) identification of mechanism for implementation, (3) inventory of affected facilities, (4) emissions inventory, (5) emissions limits, (6) compliance schedules, (7) testing, monitoring, recordkeeping, and reporting, (8) public hearing records, and (9) annual state progress reports on facility compliance. A. Identification of Legal Authority Title 40 CFR 60.26 requires the plan to demonstrate that the State has legal authority to adopt and implement the emission standards and compliance schedules. The DEQ has demonstrated that it has the legal authority to adopt and implement the emission standards governing small MWC units. DEQ’s legal authority is provided in the Air Pollution Control Law of Virginia, Title 10.1, Chapter 13, of the Code of Virginia. This authority is discussed in the plan narrative and a July 1, 1998 letter from the Virginia Office of the Attorney General to the DEQ. This meets the requirements of 40 CFR 60.26. B. Identification of Enforceable State Mechanisms for Implementing the Plan The subpart B provision at 40 CFR 60.24(a) requires that State Plans include emissions standards, defined in 40 CFR 60.21(f) as ‘‘a legally enforceable regulation setting forth an allowable rate of emissions into the atmosphere, or prescribing equipment specifications for control of air pollution emissions.’’ The Commonwealth of Virginia through the DEQ, has adopted State Air Pollution Control Board Regulations (Rule 4–46 and other supporting air program rules) to control small MWC emissions. Rule 4–46, Emission Standards for Small MWC, became effective on September 10, 2003. Other applicable and effective E:\FR\FM\12JYR1.SGM 12JYR1 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Rules and Regulations supporting air program rules were identified and submitted to EPA on August 11, 2003 and April 6, 2004. These rules collectively met the requirement of 40 CFR 60.24(a) to have a legally enforceable emission standard. C. Inventory of Affected MWC Units Title 40 CFR 60.25(a) requires the plan to include a complete source inventory of all affected facilities (i.e., existing MWC units with capacities of 35 to 250 TPD). The DEQ has identified three (3) affected facilities. The affected facilities are Galax, Hampton/NASA, and the Pentagon. An unknown affected facility is not exempt from applicable 111(d)/129 requirements because it is not listed in the source inventory. D. Inventory of Emissions From Affected MWC Units Title 40 CFR 60.25(a) requires that the plan include an emissions inventory that estimates emissions of the pollutant regulated by the EG. Emissions from MWC units contain organics (dioxin/ furans), metals (cadmium, lead, mercury, particulate matter, opacity), and acid gases (hydrogen chloride, sulphur dioxide, and nitrogen oxides). For each affected MWC facility, the DEQ plan contains MWC unit emissions rates estimates that are given in an acceptable format. This meets the emission inventory requirements of 40 CFR 60.25(a). E. Emissions Limitations for MWC Units Title 40 CFR 60.24(c) specifies that the State plan must include emission standards that are no less stringent than the EG, except as specified in 40 CFR 60.24(f) which allows for less stringent emission limitations on a case-by-case basis if certain conditions are met. However, this exception clause is superseded by section 129(b)(2) of the Act which requires that state plans be ‘‘at least as protective’’ as the EG , in this case 40 CFR part 60, subpart BBBB. A review of the applicable Rule 4–46 emissions limitations show that all are ‘‘at least as protective’’ as those in the EG. F. Compliance Schedules Under 40 CFR 60.24(c) and (e), a state plan must include an expeditious compliance schedule that owners and operators of affected MWC units must meet in order to comply with the requirements of the plan. Also, 40 CFR 60.1535 and beginning at section 60.1585, the EG stipulate increments of progress and compliance requirements for both class I and II facilities. Final compliance and installation of air pollution control equipment capable of VerDate jul<14>2003 14:34 Jul 11, 2005 Jkt 205001 meeting the Rule 4–46 emission requirements must be achieved by May 6, 2005 for class II units and November 6, 2005 for class I units. Other compliance schedule requirements (e.g., MWC closure) are stipulated in Rule 4– 46. Class I units are those located at a MWC plant with an aggregate plant capacity greater than 250 TPD. Class II units are those located at a MWC plant with an aggregate plant capacity of 35 to 250 TPD. The Rule 4–46, 9 VAC 5–40– 6710, compliance schedule provision is consistent with the FP, part 62, subpart JJJ, section 62.15045 which establishes expeditious compliance dates. The state plan meets the applicable Federal requirements. G. Testing, Monitoring, Recordkeeping, and Reporting Requirements The provisions of subpart B, 40 CFR 60.24(b) and 60.25(b), stipulate facility testing, monitoring recordkeeping and reporting requirements for state plans. Also, related EG provisions of 40 CFR 60.1715 through section 60.1930 further define subpart BBBB requirements that state plans must include. Rule 4–46 meets the subpart B requirements of 40 CFR 60.24 and 60.25; and the related subpart BBBB provisions. H. A Record of Public Hearing on the State Plan A public hearing on the plan was held June 18, 2003. Applicable portions of Rule 4–46 became effective on September 10, 2003. The state provided evidence of complying with public notice and other hearing requirements, including a record of public comments received. The DEQ has met the 40 CFR 60.23 requirement for a public hearing on the plan. I. Annual State Progress Reports to EPA The DEQ will submit to EPA on an annual basis a report which details the progress in the enforcement of the plan in accordance with 40 CFR 60.25. Accordingly, the DEQ will submit annual reports on progress in plan enforcement to EPA on an annual (calendar) basis, commencing with the first full report period after plan approval. III. General Information Pertaining to Section 111(d)/129 Plan Submittals From Virginia In 1995, Virginia adopted legislation that provides, subject to certain conditions, for an environmental assessment (audit) ‘‘privilege’’ for voluntary compliance evaluations performed by a regulated entity. The legislation further addresses the relative burden of proof for parties either PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 39929 asserting the privilege or seeking disclosure of documents for which the privilege is claimed. Virginia’s legislation also provides, subject to certain conditions, for a penalty waiver for violations of environmental laws when a regulated entity discovers such violations pursuant to a voluntary compliance evaluation and voluntarily discloses such violations to the Commonwealth and takes prompt and appropriate measures to remedy the violations. Virginia’s Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1–1198, provides a privilege that protects from disclosure documents and information about the content of those documents that are the product of a voluntary environmental assessment. The Privilege Law does not extend to documents or information (1) that are generated or developed before the commencement of a voluntary environmental assessment; (2) that are prepared independently of the assessment process; (3) that demonstrate a clear, imminent and substantial danger to the public health or environment; or (4) that are required by law. On January 12, 1998, the Commonwealth of Virginia Office of the Attorney General provided a legal opinion that states that the Privilege law, Va. Code Sec. 10.1–1198, precludes granting a privilege to documents and information ‘‘required by law,’’ including documents and information ‘‘required by Federal law to maintain program delegation, authorization or approval,’’ since Virginia must ‘‘enforce Federally authorized environmental programs in a manner that is no less stringent than their Federal counterparts. * * *’’ The opinion concludes that ‘‘[r]egarding § 10.1–1198, therefore, documents or other information needed for civil or criminal enforcement under one of these programs could not be privileged because such documents and information are essential to pursuing enforcement in a manner required by Federal law to maintain program delegation, authorization or approval.’’ Virginia’s Immunity law, Va. Code Sec. 10.1–1199, provides that ‘‘[t]o the extent consistent with requirements imposed by Federal law,’’ any person making a voluntary disclosure of information to a state agency regarding a violation of an environmental statute, regulation, permit, or administrative order is granted immunity from administrative or civil penalty. The Attorney General’s January 12, 1998 opinion states that the quoted language renders this statute inapplicable to enforcement of any Federally authorized E:\FR\FM\12JYR1.SGM 12JYR1 39930 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Rules and Regulations programs, since ‘‘no immunity could be afforded from administrative, civil, or criminal penalties because granting such immunity would not be consistent with Federal law, which is one of the criteria for immunity.’’ Therefore, EPA has determined that Virginia’s Privilege and Immunity statutes will not preclude the Commonwealth from enforcing its section 111(d)/129 program consistent with the Federal requirements. In any event, because EPA has also determined that a state audit privilege and immunity law can affect only state enforcement and cannot have any impact on Federal enforcement authorities, EPA may at any time invoke its authority under the Clean Air Act, including, for example, sections 113, 167, 205, 211 or 213, to enforce the requirements or prohibitions of the state plan, independently of any state enforcement effort. In addition, citizen enforcement under section 304 of the Clean Air Act is likewise unaffected by this, or any, state audit privilege or immunity law. IV. Final Action Based upon the rationale discussed above and in further detail in the technical support document (TSD) associated with this action, EPA is approving the Virginia plan, excluding the non-applicable rule provisions, as identified in DEQ letters of August 11, 2003, April 6, 2004, and April 18, 2005 to EPA. As a result of this EPA approval action, the FP is no longer applicable. The identified exclusions, for example, include Rule 4–46 provisions relating to odors, toxic pollutants (state only requirements), and MWC operator requirements under the Virginia Board for Waste Management Facility Operators. Also, with respect to certain plan decisions, EPA retains discretionary authority for several actions as listed in the September 2, 2003 plan narrative, section J, Discretionary Authority. As provided by 40 CFR 60.28(c), any revisions to the Virginia plan or supporting regulations will not be considered part of the applicable plan until submitted by the Commonwealth of Virginia in accordance with 40 CFR 60.28(a) or (b), as applicable, and until approved by EPA in accordance with 40 CFR Part 60, Subpart B, requirements. EPA is publishing this rule without prior proposal because the Agency views this as a noncontroversial amendment and anticipates no adverse comments. This action simply reflects already existing Federal requirement for state air pollution control agencies and existing small MWC units that are VerDate jul<14>2003 14:34 Jul 11, 2005 Jkt 205001 subject to the provisions of 40 CFR part 60, subparts B, and BBBB. However, in the ‘‘Proposed Rules’’ section of today’s Federal Register, EPA is publishing a separate document that will serve as the proposal to approve the section 111(d)/ 129 plan should relevant adverse or critical comments be filed. This rule will be effective September 12, 2005 without further notice unless EPA receives adverse comments by August 11, 2005. If EPA receives adverse comments, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule did not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. The EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. V. Statutory and Executive Order Reviews A. General Requirements 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 law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. 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 pre-existing requirements under state law 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 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, PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 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 a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act. 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 is not economically significant. In reviewing section 111(d)/129 plan submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. 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 a 111(d)/129 plan submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a 111(d)/129 plan submission, to use VCS in place of a 111(d)/129 plan submission 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 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.). B. Submission to Congress and the Comptroller General 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. This rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review 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 September 12, E:\FR\FM\12JYR1.SGM 12JYR1 Federal Register / Vol. 70, No. 132 / Tuesday, July 12, 2005 / Rules and Regulations 2005. 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, approving the Virginia section 111(d)/129 plan for small MWC units, may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) ENVIRONMENTAL PROTECTION AGENCY 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, Sulfur acid plants, Waste treatment and disposal. SUMMARY: To improve reporting efficiency and effectiveness, reduce burden, and promote data reliability and consistency across Agency programs, EPA is simplifying the Toxics Release Inventory (TRI) reporting requirements. TRI reporting is required by section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and section 6607 of the Pollution Prevention Act (PPA). This rule simplifies the TRI reporting requirements by removing some data elements from the Form R and Form A Certification Statement (hereafter referred to as Form A) that can be obtained from other EPA information collection databases, streamlining other TRI data elements through range codes and a reduced number of reporting codes, and eliminating a few data elements from the Form R. This rule also makes two technical corrections to the regulations to provide corrected contact information and to remove an outdated description of a pollution prevention data element. DATES: This rule is effective on September 12, 2005. The first reports with the revised reporting requirements will be due on or before July 1, 2006, for reporting year (i.e., calendar year) 2005. ADDRESSES: EPA has established a docket for this action under Docket ID No. TRI–2004–0001. All documents in the docket are listed in the EDOCKET index at http://www.epa.gov/edocket. 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 EDOCKET or in hard copy at the OEI Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number Dated: June 29, 2005. Donald S. Welsh, Regional Administrator, Region III. I 40 CFR part 62 is amended as follows: 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 VV—Virginia 2. A new center heading, after § 62.11627, consisting of §§ 62.11635, 62.11636, and 62.11637 is added to read as follows: I Emissions From Existing Small Municipal Waste Combustor (MWC) Units—Section 111(d)/129 Plan § 62.11635 Identification of plan. Section 111(d)/129 plan for small MWC units with capacities 35 to 250 tons per day, and the associated Virginia Air Pollution Control Board Regulations (Rule 4–46, and other supporting rules identified in the plan), submitted to EPA on September 2, 2003, including supplemental information submitted on August 11 and September 30, 2003; April 6, 2004; and April 18, 2005. § 62.11636 Identification of sources. The affected facility to which the plan applies is each small MWC unit for which construction commenced on or before August 30, 1999. § 62.11637 Effective date. The effective date of the plan for small MWC units is September 12, 2005. [FR Doc. 05–13700 Filed 7–11–05; 8:45 am] BILLING CODE 6560–50–P VerDate jul<14>2003 14:34 Jul 11, 2005 Jkt 205001 40 CFR Part 372 [TRI–2004–0001; FRL–7532–6] RIN 2025–AA15 Toxics Release Inventory Reporting Forms Modification Rule Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 39931 for the Public Reading Room is (202) 566–1744, and the telephone number for the OEI Docket is (202) 566–1752. FOR FURTHER INFORMATION CONTACT: Shelley Fudge, Toxics Release Inventory Program Division, Office of Information Analysis and Access (2844T), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 566–0674; fax number: (202) 566–0741; e-mail address: fudge.shelley@epa.gov for specific information on this proposed rule. For more information on EPCRA section 313, contact the TRI Information Center, Toll free: (800) 424– 9346, TDD: (800) 553–7672, callers in the DC area: (703) 412–9810. SUPPLEMENTARY INFORMATION: I. General Information A. Does This Action Apply to Me? This document applies to facilities that submit annual reports under section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA). It specifically applies to those who submit the TRI Form R or Form A. (See http://epa.gov/tri/report/ index.htm#forms for detailed information about EPA’s TRI reporting forms.) To determine whether your facility is affected by this action, you should carefully examine the applicability criteria in part 372 subpart B of Title 40 of the Code of Federal Regulations. If you have questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section. This document is also relevant to those who utilize EPA’s TRI information, including State agencies, local governments, communities, environmental groups and other nongovernmental organizations, as well as members of the general public. II. What Is EPA’s Statutory Authority for Taking These Actions? This rule is being issued under sections 313(g)(1) and 328 of EPCRA, 42 U.S.C. 11023(g)(1) and 11048; and section 6607(b) of the Pollution Prevention Act (PPA), 42 U.S.C. 13106. In general, section 313 of EPCRA and section 6607 of PPA require owners and operators of facilities in specified SIC codes that manufacture, process, or otherwise use a listed toxic chemical in amounts above specified threshold levels to report certain facility-specific information about such chemicals, including the annual releases and other waste management quantities. Section 313(g)(1) of EPCRA requires EPA to publish a uniform toxic chemical E:\FR\FM\12JYR1.SGM 12JYR1

Agencies

[Federal Register Volume 70, Number 132 (Tuesday, July 12, 2005)]
[Rules and Regulations]
[Pages 39927-39931]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13700]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[RO3-OAR-2005-VA-0009; FRL-7937-5]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants, Commonwealth of Virginia; Control 
of Municipal Waste Combustor Emissions From Small Existing Municipal 
Solid Waste Combustor Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve the Commonwealth 
of Virginia Department of Environmental Quality (DEQ) small municipal 
waste combustor plan (the plan) for implementing emission guideline 
(EG) requirements promulgated under the Clean Air Act (the Act). The 
plan establishes emission limits, monitoring, operating, and 
recordkeeping requirements for existing small MWC units with capacities 
of 35 to 250 tons per day (TPD) of municipal solid waste (MSW). An 
existing MWC unit is defined as one for which construction commenced on 
or before August 30, 1999.

DATES: This rule is effective September 12, 2005 without further 
notice, unless EPA receives adverse written comment by August 11, 2005. 
If EPA receives such comments, it will publish a timely withdrawal of 
the direct final rule in the Federal Register and inform the public 
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Regional Material in 
EDocket (RME) ID Number RO3-OAR-2005-VA-0009 by one of the following 
methods:
    A. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions for submitting comments.
    B. Agency Web site: http://www.docket.epa.gov/rmepub/ RME, EPA's 
electronic public docket and comment system, is EPA's preferred method 
for receiving comments. Follow the on-line instructions for submitting 
comments.

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    C. E-mail: http://wilkie.walter@epa.gov.
    D. Mail: RO3-OAR-2005-VA-0009, Walter Wilkie, Chief, Air Quality 
Analysis, Mailcode 3AP22, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    E. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to RME ID No. RO3-OAR-2005-VA-
0009. 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.docket.epa.gov/rmepub/, 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 information that you 
consider to be CBI or otherwise protected through RME, regulations.gov 
or e-mail. The EPA RME and the Federal regulations.gov Web sites are 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 RME or 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 
RME index at http://www.docket.epa.gov/rmepub/. 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 RME 
or in hard copy during normal business hours at the Air Protection 
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch 
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal 
are available at the Virginia Department of Environmental Quality, 629 
East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: James B. Topsale, P.E., at (215) 814-
2190, or by e-mail at topsale.jim@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    On April 8, 1997, the United States Court of Appeals for the 
District of Columbia Circuit vacated the initial MWC unit rules, 
subparts Cb and Eb as they apply to MWC units with capacity to combust 
less than or equal to 250 tons per day (TPD) of municipal solid waste 
(MSW), consistent with their opinion in Davis County Solid Waste 
Management and Recovery District v. EPA, 101 F.3d 1395 (D.C. Cir. 
1996), as amended, 108 F.3d 1454 (D.C. Cir. 1997). As a result, 
subparts Cb and Eb were amended to apply only to MWC units with the 
capacity to combust more than 250 TPD of MSW per unit (i.e., large MWC 
units). Also, in response to the court's decision, on December 6, 2000, 
EPA promulgated new source performance standards (NSPS) applicable to 
new small MWCs (i.e., construction commenced after August 30, 1999) and 
EG applicable to existing small MWC units. The NSPS and EG are codified 
at 40 CFR part 60, subparts AAAA and BBBB, respectively. See 65 FR 
76350 and 76378. These subparts regulate the following air pollutants: 
Particulate matter, opacity, sulfur dioxide, hydrogen chloride, oxides 
of nitrogen, carbon monoxide, lead, cadmium, mercury, and dioxins and 
dibenzofurans.
    Under sections 111 and 129 of the Act, EG are not federally 
enforceable. However, section 129(b)(2) of the Act requires States to 
submit to EPA for approval State Plans that implement and enforce the 
EG. State Plans must be at least as protective as the EG, and become 
federally enforceable as a section 111(d)/129 plan upon approval by 
EPA. The procedures for adoption and submittal of State Plans are 
codified in 40 CFR part 60, subpart B.
    As required by Section 129(b)(3) of the Act, on January 31, 2003 
EPA promulgated a Federal Implementation Plan (FP) for small MWCs that 
commenced constructed on or before August 30, 1999. The FP is a set of 
maximum available control technology (MACT) requirements that implement 
the December 2000 MWC emission guidelines. The FP is applicable to 
those small existing MWC units not specifically covered by an approved 
State Plan under sections 111(d) and 129 of the CAA. It fills a Federal 
enforceability gap until State Plans are approved and ensures that the 
MWC units stay on track to complete, in an expeditious manner, 
pollution control equipment retrofits in order to meet the final 
statutory compliance date on or before of December 6, 2005.

II. Review of Virginia's MWC Plan

    EPA has reviewed the Virginia plan, submitted on September 2, 2003, 
for existing small MWC units in the context of the requirements of 40 
CFR part 60, and subparts B and BBBB, as amended. State Plans must 
include the following essential elements: (1) Identification of legal 
authority, (2) identification of mechanism for implementation, (3) 
inventory of affected facilities, (4) emissions inventory, (5) 
emissions limits, (6) compliance schedules, (7) testing, monitoring, 
recordkeeping, and reporting, (8) public hearing records, and (9) 
annual state progress reports on facility compliance.

A. Identification of Legal Authority

    Title 40 CFR 60.26 requires the plan to demonstrate that the State 
has legal authority to adopt and implement the emission standards and 
compliance schedules. The DEQ has demonstrated that it has the legal 
authority to adopt and implement the emission standards governing small 
MWC units. DEQ's legal authority is provided in the Air Pollution 
Control Law of Virginia, Title 10.1, Chapter 13, of the Code of 
Virginia. This authority is discussed in the plan narrative and a July 
1, 1998 letter from the Virginia Office of the Attorney General to the 
DEQ. This meets the requirements of 40 CFR 60.26.

B. Identification of Enforceable State Mechanisms for Implementing the 
Plan

    The subpart B provision at 40 CFR 60.24(a) requires that State 
Plans include emissions standards, defined in 40 CFR 60.21(f) as `` a 
legally enforceable regulation setting forth an allowable rate of 
emissions into the atmosphere, or prescribing equipment specifications 
for control of air pollution emissions.'' The Commonwealth of Virginia 
through the DEQ, has adopted State Air Pollution Control Board 
Regulations (Rule 4-46 and other supporting air program rules) to 
control small MWC emissions. Rule 4-46, Emission Standards for Small 
MWC, became effective on September 10, 2003. Other applicable and 
effective

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supporting air program rules were identified and submitted to EPA on 
August 11, 2003 and April 6, 2004. These rules collectively met the 
requirement of 40 CFR 60.24(a) to have a legally enforceable emission 
standard.

C. Inventory of Affected MWC Units

    Title 40 CFR 60.25(a) requires the plan to include a complete 
source inventory of all affected facilities (i.e., existing MWC units 
with capacities of 35 to 250 TPD). The DEQ has identified three (3) 
affected facilities. The affected facilities are Galax, Hampton/NASA, 
and the Pentagon. An unknown affected facility is not exempt from 
applicable 111(d)/129 requirements because it is not listed in the 
source inventory.

D. Inventory of Emissions From Affected MWC Units

    Title 40 CFR 60.25(a) requires that the plan include an emissions 
inventory that estimates emissions of the pollutant regulated by the 
EG. Emissions from MWC units contain organics (dioxin/furans), metals 
(cadmium, lead, mercury, particulate matter, opacity), and acid gases 
(hydrogen chloride, sulphur dioxide, and nitrogen oxides). For each 
affected MWC facility, the DEQ plan contains MWC unit emissions rates 
estimates that are given in an acceptable format. This meets the 
emission inventory requirements of 40 CFR 60.25(a).

E. Emissions Limitations for MWC Units

    Title 40 CFR 60.24(c) specifies that the State plan must include 
emission standards that are no less stringent than the EG, except as 
specified in 40 CFR 60.24(f) which allows for less stringent emission 
limitations on a case-by-case basis if certain conditions are met. 
However, this exception clause is superseded by section 129(b)(2) of 
the Act which requires that state plans be ``at least as protective'' 
as the EG , in this case 40 CFR part 60, subpart BBBB. A review of the 
applicable Rule 4-46 emissions limitations show that all are ``at least 
as protective'' as those in the EG.

F. Compliance Schedules

    Under 40 CFR 60.24(c) and (e), a state plan must include an 
expeditious compliance schedule that owners and operators of affected 
MWC units must meet in order to comply with the requirements of the 
plan. Also, 40 CFR 60.1535 and beginning at section 60.1585, the EG 
stipulate increments of progress and compliance requirements for both 
class I and II facilities. Final compliance and installation of air 
pollution control equipment capable of meeting the Rule 4-46 emission 
requirements must be achieved by May 6, 2005 for class II units and 
November 6, 2005 for class I units. Other compliance schedule 
requirements (e.g., MWC closure) are stipulated in Rule 4-46. Class I 
units are those located at a MWC plant with an aggregate plant capacity 
greater than 250 TPD. Class II units are those located at a MWC plant 
with an aggregate plant capacity of 35 to 250 TPD. The Rule 4-46, 9 VAC 
5-40-6710, compliance schedule provision is consistent with the FP, 
part 62, subpart JJJ, section 62.15045 which establishes expeditious 
compliance dates. The state plan meets the applicable Federal 
requirements.

G. Testing, Monitoring, Recordkeeping, and Reporting Requirements

    The provisions of subpart B, 40 CFR 60.24(b) and 60.25(b), 
stipulate facility testing, monitoring recordkeeping and reporting 
requirements for state plans. Also, related EG provisions of 40 CFR 
60.1715 through section 60.1930 further define subpart BBBB 
requirements that state plans must include. Rule 4-46 meets the subpart 
B requirements of 40 CFR 60.24 and 60.25; and the related subpart BBBB 
provisions.

H. A Record of Public Hearing on the State Plan

    A public hearing on the plan was held June 18, 2003. Applicable 
portions of Rule 4-46 became effective on September 10, 2003. The state 
provided evidence of complying with public notice and other hearing 
requirements, including a record of public comments received. The DEQ 
has met the 40 CFR 60.23 requirement for a public hearing on the plan.

I. Annual State Progress Reports to EPA

    The DEQ will submit to EPA on an annual basis a report which 
details the progress in the enforcement of the plan in accordance with 
40 CFR 60.25. Accordingly, the DEQ will submit annual reports on 
progress in plan enforcement to EPA on an annual (calendar) basis, 
commencing with the first full report period after plan approval.

III. General Information Pertaining to Section 111(d)/129 Plan 
Submittals From Virginia

    In 1995, Virginia adopted legislation that provides, subject to 
certain conditions, for an environmental assessment (audit) 
``privilege'' for voluntary compliance evaluations performed by a 
regulated entity. The legislation further addresses the relative burden 
of proof for parties either asserting the privilege or seeking 
disclosure of documents for which the privilege is claimed. Virginia's 
legislation also provides, subject to certain conditions, for a penalty 
waiver for violations of environmental laws when a regulated entity 
discovers such violations pursuant to a voluntary compliance evaluation 
and voluntarily discloses such violations to the Commonwealth and takes 
prompt and appropriate measures to remedy the violations. Virginia's 
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and 
information about the content of those documents that are the product 
of a voluntary environmental assessment. The Privilege Law does not 
extend to documents or information (1) that are generated or developed 
before the commencement of a voluntary environmental assessment; (2) 
that are prepared independently of the assessment process; (3) that 
demonstrate a clear, imminent and substantial danger to the public 
health or environment; or (4) that are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the 
Attorney General provided a legal opinion that states that the 
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege 
to documents and information ``required by law,'' including documents 
and information ``required by Federal law to maintain program 
delegation, authorization or approval,'' since Virginia must ``enforce 
Federally authorized environmental programs in a manner that is no less 
stringent than their Federal counterparts. * * *'' The opinion 
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or 
other information needed for civil or criminal enforcement under one of 
these programs could not be privileged because such documents and 
information are essential to pursuing enforcement in a manner required 
by Federal law to maintain program delegation, authorization or 
approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that 
``[t]o the extent consistent with requirements imposed by Federal 
law,'' any person making a voluntary disclosure of information to a 
state agency regarding a violation of an environmental statute, 
regulation, permit, or administrative order is granted immunity from 
administrative or civil penalty. The Attorney General's January 12, 
1998 opinion states that the quoted language renders this statute 
inapplicable to enforcement of any Federally authorized

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programs, since ``no immunity could be afforded from administrative, 
civil, or criminal penalties because granting such immunity would not 
be consistent with Federal law, which is one of the criteria for 
immunity.''
    Therefore, EPA has determined that Virginia's Privilege and 
Immunity statutes will not preclude the Commonwealth from enforcing its 
section 111(d)/129 program consistent with the Federal requirements. In 
any event, because EPA has also determined that a state audit privilege 
and immunity law can affect only state enforcement and cannot have any 
impact on Federal enforcement authorities, EPA may at any time invoke 
its authority under the Clean Air Act, including, for example, sections 
113, 167, 205, 211 or 213, to enforce the requirements or prohibitions 
of the state plan, independently of any state enforcement effort. In 
addition, citizen enforcement under section 304 of the Clean Air Act is 
likewise unaffected by this, or any, state audit privilege or immunity 
law.

IV. Final Action

    Based upon the rationale discussed above and in further detail in 
the technical support document (TSD) associated with this action, EPA 
is approving the Virginia plan, excluding the non-applicable rule 
provisions, as identified in DEQ letters of August 11, 2003, April 6, 
2004, and April 18, 2005 to EPA. As a result of this EPA approval 
action, the FP is no longer applicable. The identified exclusions, for 
example, include Rule 4-46 provisions relating to odors, toxic 
pollutants (state only requirements), and MWC operator requirements 
under the Virginia Board for Waste Management Facility Operators. Also, 
with respect to certain plan decisions, EPA retains discretionary 
authority for several actions as listed in the September 2, 2003 plan 
narrative, section J, Discretionary Authority. As provided by 40 CFR 
60.28(c), any revisions to the Virginia plan or supporting regulations 
will not be considered part of the applicable plan until submitted by 
the Commonwealth of Virginia in accordance with 40 CFR 60.28(a) or (b), 
as applicable, and until approved by EPA in accordance with 40 CFR Part 
60, Subpart B, requirements.
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. This action simply reflects already existing Federal 
requirement for state air pollution control agencies and existing small 
MWC units that are subject to the provisions of 40 CFR part 60, 
subparts B, and BBBB. However, in the ``Proposed Rules'' section of 
today's Federal Register, EPA is publishing a separate document that 
will serve as the proposal to approve the section 111(d)/129 plan 
should relevant adverse or critical comments be filed. This rule will 
be effective September 12, 2005 without further notice unless EPA 
receives adverse comments by August 11, 2005. If EPA receives adverse 
comments, EPA will publish a timely withdrawal in the Federal Register 
informing the public that the rule did not take effect. EPA will 
address all public comments in a subsequent final rule based on the 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting must do so at this 
time.

V. Statutory and Executive Order Reviews

A. General Requirements

    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 law as meeting Federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
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 pre-existing requirements under state law 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 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 a state rule implementing a Federal 
standard, and does not alter the relationship or the distribution of 
power and responsibilities established in the Clean Air Act. 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 is not economically significant.
    In reviewing section 111(d)/129 plan submissions, EPA's role is to 
approve state choices, provided that they meet the criteria of the 
Clean Air Act. 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 a 111(d)/129 plan submission for 
failure to use VCS. It would thus be inconsistent with applicable law 
for EPA, when it reviews a 111(d)/129 plan submission, to use VCS in 
place of a 111(d)/129 plan submission 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 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.).

B. Submission to Congress and the Comptroller General

    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. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    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 September 12,

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2005. 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, approving the Virginia section 111(d)/129 plan for 
small MWC units, 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 procedure, 
Air pollution control, Aluminum, Fertilizers, Fluoride, 
Intergovernmental relations, Paper and paper products industry, 
Phosphate, Reporting and recordkeeping requirements, Sulfur oxides, 
Sulfur acid plants, Waste treatment and disposal.

    Dated: June 29, 2005.
Donald S. Welsh,
Regional Administrator, Region III.

0
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 VV--Virginia

0
2. A new center heading, after Sec.  62.11627, consisting of Sec. Sec.  
62.11635, 62.11636, and 62.11637 is added to read as follows:

Emissions From Existing Small Municipal Waste Combustor (MWC) Units--
Section 111(d)/129 Plan


Sec.  62.11635  Identification of plan.

    Section 111(d)/129 plan for small MWC units with capacities 35 to 
250 tons per day, and the associated Virginia Air Pollution Control 
Board Regulations (Rule 4-46, and other supporting rules identified in 
the plan), submitted to EPA on September 2, 2003, including 
supplemental information submitted on August 11 and September 30, 2003; 
April 6, 2004; and April 18, 2005.


Sec.  62.11636  Identification of sources.

    The affected facility to which the plan applies is each small MWC 
unit for which construction commenced on or before August 30, 1999.


Sec.  62.11637  Effective date.

    The effective date of the plan for small MWC units is September 12, 
2005.

[FR Doc. 05-13700 Filed 7-11-05; 8:45 am]
BILLING CODE 6560-50-P