Approval and Promulgation of State Plans for Designated Facilities and Pollutants: Oklahoma; Plan for Controlling Emissions From Commercial and Industrial Solid Waste Incineration Units, 57764-57769 [05-19838]
Download as PDF
<![CDATA[
57764
Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Rules and Regulations
of the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by December 5, 2005. Filing a
petition for reconsideration by the
Administrator of this direct final rule
does not affect the finality of this rule
for the purposes of judicial review nor
does it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements (See 42 U.S.C.
7607(b)(2)).
List of Subjects in 40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements.
Dated: September 19, 2005
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
I
40 CFR 62 is amended as follows:
PART 62—[AMENDED]
1. The authority citation for part 62
continues to read as follows:
I
are no existing sulfuric acid plants
subject to 40 CFR 60 subpart Cd in
Bernalillo County on lands under the
jurisdiction of the Albuquerque/
Bernalillo County Air Quality Control
Board.
I 3. Section 62.7853 is revised to read
as follows:
§ 62.7853 Identification of plan—negative
declaration.
(a) Letter from the New Mexico
Environmental Improvement Division
dated November 5, 1979 certifying that
there are no existing kraft pulp mills in
the State subject to part 60 subpart B of
this chapter.
(b) Letters from the City of
Albuquerque Air Pollution Control
Division dated July 8, 1980, and
November 23, 2004, certifying that there
are no existing kraft pulp mills subject
to 40 CFR 60 subpart B in Bernalillo
County on lands under the jurisdiction
of the Albuquerque/Bernalillo County
Air Quality Control Board.
4. Section 62.7854 is amended by
redesignating the existing paragraph as
paragraph (a) and adding a new
paragraph (b) to read as follows:
I
§ 62.7854 Identification of plan—negative
declaration.
(a) The State Department of Health
and Social Services submitted on
October 31, 1977, a letter certifying that
there are no existing phosphate fertilizer
plants in the State subject to part 60
subpart B of this chapter.
(b) Letter from the City of
Albuquerque Air Pollution Control
Division dated November 23, 2004,
certifying that there are no phosphate
fertilizer plants subject to 40 CFR 60
subpart B in Bernalillo County on lands
under the jurisdiction of the
Albuquerque/Bernalillo County Air
Quality Control Board.
§ 62.7881
[Removed]
2. Section 62.7851 is amended by
adding a new paragraph (b) at the end
to read as follows.
5. Section 62.7881, ‘‘Identification of
sources—negative declaration’’ is
removed and the centered heading
‘‘Emissions From Existing Commercial
and Industrial Solid Waste Incineration
(CISWI) Units’’ immediately before
§ 62.7881 is also removed.
§ 62.7851
[FR Doc. 05–19878 Filed 10–3–05; 8:45 am]
I
Authority: 42 U.S.C. 7401 et seq.
Subpart GG—New Mexico
I
Identification of sources.
*
*
*
*
*
(b) Negative declaration for Bernalillo
County.
Letter from the City of Albuquerque
Air Pollution Control Division dated
November 23, 2004, certifying that there
VerDate Aug<31>2005
16:33 Oct 03, 2005
Jkt 208002
BILLING CODE 6560–50–P
PO 00000
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[R06–OAR–2005–OK–0004; FRL–7979–7]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants: Oklahoma; Plan for
Controlling Emissions From
Commercial and Industrial Solid Waste
Incineration Units
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
SUMMARY: EPA is taking direct final
action on the ‘‘State Plan’’ submitted by
the state of Oklahoma on June 29, 2005,
to fulfill the requirement of sections
111/(d)/129 of the Clean Air Act for
commercial and industrial solid waste
incineration (CISWI) units. The State
Plan provides for the implementation
and enforcement of the Emissions
Guidelines, as promulgated by EPA
December 1, 2000, applicable to existing
CISWI units for which construction
commenced on or before November 30,
1999. The State Plan establishes
emission limits, monitoring, operating,
and recordkeeping requirements for
commercial and industrial solid waste
incinerator (CISWI) units for which
construction commenced on or before
November 30, 1999.
DATES: This direct final rule is effective
on December 5, 2005 without further
notice, unless EPA receives adverse
comment by November 3, 2005. If EPA
receives such comment, EPA will
publish a timely withdrawal in the
Federal Register informing the public
that this rule will not take effect.
ADDRESSES: Comments may be
submitted electronically, by mail, by
facsimile, or through hand delivery/
courier by following the detailed
instructions provided under the ‘‘Public
Participation’’ heading in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT: Mr.
Kenneth W. Boyce, Air Planning
Section, Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2833, at
(214) 665–7259 or
boyce.kenneth@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ are used we mean
the EPA.
Table of Contents
I. What Action Is EPA Taking Today?
II. Background
Frm 00040
Fmt 4700
Sfmt 4700
E:\FR\FM\04OCR1.SGM
04OCR1
Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Rules and Regulations
III. Why Does EPA Want To Regulate Air
Emissions From CISWIs?
IV. When Did EPA First Publish These
Requirements?
V. Why Does EPA Need To Approve State
Plans?
VI. What Did the State Submit as Part of Its
State Plan?
VII. Why Is EPA Approving Oklahoma’s State
Plan?
VIII. Who Must Comply With the
Requirements?
IX. Are Any Sources Exempt from the
Requirements?
X. By What Date Must CISWIs in Oklahoma
Achieve Compliance?
XI. Final Action
XII. Public Participation
XIII. Statutory and Executive Order Reviews
I. What Action Is EPA Taking Today?
The Environmental Protection Agency
(EPA) is approving sections 111(d) and
129 of the State Plan submitted by the
Oklahoma Department of Environmental
Quality (ODEQ) on June 29, 2005. The
State Plan establishes emission limits,
monitoring, operating, and
recordkeeping requirements for
commercial and industrial solid waste
incinerator (CISWI) units for which
construction commenced on or before
November 30, 1999. This State Plan
implements and enforces provisions at
least as protective as the Federal
Emission Guidelines (EGs) applicable to
existing CISWIs. The State Plan
becomes federally enforceable upon
EPA’s approval.
II. Background
Sections 111(d) and 129 of the Clean
Air Act (CAA) 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 commercial
and industrial solid waste incineration
(CISWI) 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).
On December 1, 2000 (65 FR 75338),
EPA promulgated CISWI unit new
VerDate Aug<31>2005
16:33 Oct 03, 2005
Jkt 208002
source performance standards and the
EG, 40 CFR part 60, subparts CCCC and
DDDD, respectively. The designated
facility to which the EGs apply is each
existing CISWI unit, as defined in
subpart DDDD, that commenced
construction on or before November 30,
1999.
Section 111(d) of the Clean Air Act
(CAA) requires that ‘‘designated’’
pollutants, regulated under standards of
performance for new stationary sources
by section 111(b) of the CAA, must also
be controlled at existing sources in the
same source category to a level
stipulated in an emission guideline (EG)
document. Section 129 of the CAA
specifically addresses solid waste
combustion and emissions controls
based on what is commonly referred to
as ‘‘maximum achievable control
technology’’ (MACT). Section 129
requires EPA to promulgate a MACT
based emission guidelines document for
CISWI units, and then requires states to
develop plans that implement the EG
requirements.
The CISWI EG under 40 CFR part 60,
subpart DDDD, establishes emission and
operating requirements under the
authority of the sections 111(d) and 129
of the CAA. States must also include in
their State Plans other elements, such as
inventories, legal authority, and public
participation documentation, to
demonstrate their ability to enforce the
State Plans. These requirements must be
incorporated into a State plan that is ‘‘at
least as protective’’ as the EG, and is
federally enforceable upon approval by
EPA. The procedures for adoption and
submittal of State plans are codified in
40 CFR part 60, subpart B.
III. Why Does EPA Want To Regulate
Air Emissions From CISWIs?
When burned, commercial and
industrial solid wastes emit various air
pollutants, including hydrochloric acid,
dioxin/furan, toxic metals (lead,
cadmium, and mercury) and particulate
matter. Mercury is highly hazardous and
is of particular concern because it
persists in the environment and
bioaccumulates through the food web.
Serious developmental and adult effects
in humans, primarily damage to the
nervous system, have been associated
with exposures to mercury. Harmful
effects in wildlife have also been
reported; these include nervous system
damage and behavioral and
reproductive deficits. Human and
wildlife exposure to mercury occur
mainly through eating of fish. When
inhaled, mercury vapor attacks also the
lung tissue and is a cumulative poison.
Short-term exposure to mercury in
certain forms can cause hallucinations
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
57765
and impair consciousness. Long-term
exposure to mercury in certain forms
can affect the central nervous system
and cause kidney damage.
Exposure to particulate matter can
aggravate existing respiratory and
cardiovascular disease and increase risk
of premature death. Hydrochloric acid is
a clear colorless gas. Chronic exposure
to hydrochloric acid has been reported
to cause gastritis, chronic bronchitis,
dermatitis, and photosensitization.
Acute exposure to high levels of
chlorine in humans may result in chest
pain, vomiting, toxic pneumonitis,
pulmonary edema, and death. At lower
levels, chlorine is a potent irritant to the
eyes, the upper respiratory tract, and
lungs.
Exposure to dioxin and furan can
cause skin disorders, cancer, and
reproductive effects such as
endometriosis. These pollutants can
also affect the immune system.
IV. When Did EPA First Publish These
Requirements?
The EPA proposed the EGs in the
Federal Register on November 30, 1999.
(64 FR 67092). On December 1, 2000,
EPA finalized the EGs at 65 FR 75338.
The EGs are also found at 40 CFR part
60, subpart DDDD.
V. Why Does EPA Need To Approve
State Plans?
EGs are not federally enforceable.
Section 129(b)(2) of the CAA requires
states to submit State Plans to EPA for
approval. Each state must show that its
State Plan will carry out and enforce the
EGs. State Plans must be at least as
protective as the EGs, and they become
federally enforceable upon EPA’s
approval. The procedures for adopting
and submitting State Plans are in 40
CFR part 60, subpart B.
VI. What Did the State Submit as Part
of Its State Plan?
The State of Oklahoma submitted its
sections 111(d) and 129 State Plan to
EPA for approval on June 29, 2005. The
State adopted the EG requirements of 40
CFR part 60, subpart DDDD by
incorporation by reference (IBR) into the
Oklahoma Administrative Code (OAC
252:100–17, Part 9) on April 21, 2003.
The State Plan also included a
demonstration of the State’s legal
authority to carry out the plan,
inventory of sources and emissions,
evidence of a public hearing on the
State Plan, and provisions for
submission of progress reports to EPA.
E:\FR\FM\04OCR1.SGM
04OCR1
57766
Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Rules and Regulations
VII. Why Is EPA Approving
Oklahoma’s State Plan?
EPA has evaluated the CISWI State
Plan submitted by Oklahoma for
consistency with the Act, EPA
guidelines and policy. EPA has
determined that Oklahoma’s State Plan
meets all requirements and therefore,
EPA is approving Oklahoma’s Plan to
implement and enforce the EGs as it
applies to existing CISWIs.
EPA’s approval of Oklahoma’s State
Plan is based on our findings that: (1)
ODEQ provided adequate public notice
of public hearings for the proposed
rulemaking that allows Oklahoma to
carry out and enforce provisions that are
at least as protective as the EGs for
CISWIs; and (2) ODEQ demonstrated
legal authority to: adopt emission
standards and compliance schedules
applicable to the designated facilities;
enforce applicable laws, regulations,
standards and compliance schedules;
seek injunctive relief; obtain
information necessary to determine
compliance; require recordkeeping;
conduct inspections and tests; require
the use of monitors; require emission
reports of owners and operators; and
make emission data publicly available.
A detailed discussion of EPA’s
evaluation of the State Plan is included
in the technical support document
(TSD) located in the public rulemaking
file for this action and available from
the EPA contact listed in the Public
Participation section of this document.
VIII. Who Must Comply With the
Requirements?
All CISWIs that commenced
construction on or before November 30,
1999 must comply with these
requirements.
IX. Are Any Sources Exempt From the
Requirements?
The following incinerator source
categories are exempt from the federal
requirements for CISWIs:
(1) Pathological waste incineration
units;
(2) Agricultural waste incineration
units;
(3) Municipal waste combustion
units;
(4) Hospital/medical/infectious waste
incineration units;
(5) Small power production facilities;
(6) Cogeneration facilities;
(7) Hazardous waste combustion
units;
(8) Materials recovery units;
(9) Air curtain incinerators;
(10) Cyclonic barrel burners;
(11) Rack, part, and drum reclamation
units;
VerDate Aug<31>2005
16:33 Oct 03, 2005
Jkt 208002
(12) Cement kilns;
(13) Sewage sludge incinerators;
(14) Chemical recovery units; and
(15) Laboratory analysis units.
Please refer to 40 CFR 60.2555 for
specific definitions of these incinerator
source categories, and any
recordkeeping or other requirements
that still may need to be met.
X. By What Date Must CISWIs in
Oklahoma Achieve Compliance?
A state’s section 111(d) plan must
include a compliance schedule that
owners and operators of affected CISWI
units must meet in complying with the
requirements of the plan. 40 CFR
60.2535 indicates that final compliance
should be achieved as expeditiously as
practicable after EPA approval of the
state plan but no later than December 1,
2005 or three years after the effective
date of the state plan approval,
whichever is sooner. If the owner or
operator of a CISWI unit plans to
achieve compliance more than one year
following the effective date of the state
plan approval, then two increments of
progress must be met, which are; submit
a final control plan; and achieve final
compliance. Section 252:100–17–75 of
the Oklahoma Administrative Code
includes the increments of progress and
the dates by which those increments
must be met, which are, submit a final
control plan by January 1, 2004 and
achieve final compliance with the
emission limitations and other
requirements by December 1, 2005.
XI. Final Action
EPA has evaluated the CISWI plan
submitted by the state of Oklahoma for
consistency with the CAA, EPA
emission guidelines and policy. EPA
has determined that Oklahoma’s Plan
meets all requirements and, therefore,
EPA is approving Oklahoma’s Plan to
implement and enforce subpart DDDD,
as promulgated on December 1, 2000,
applicable to existing CISWI units that
have commenced construction on or
before November 30, 1999. EPA is also
approving revisions to OAC 252:100–17,
Part 9 Regulations for the Control of
Atmospheric Pollution, entitled,
‘‘Definitions’’ and ‘‘Incineration,’’
respectively.
EPA is publishing this approval
action without prior proposal because
the Agency views this as a
noncontroversial action and anticipates
no adverse comments. However, in the
proposed rules section of this Federal
Register publication, EPA is publishing
a separate document that will serve as
the proposal to approve the State Plan
should relevant adverse comments be
filed. If EPA receives no significant,
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
material, and adverse comments by
November 3, 2005, this action will be
effective on December 5, 2005.
If we receive adverse comments, we
will publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. We will
address all public comments in a
subsequent final rule based on the
proposed rule. We will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time. Please note that
if we receive adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
XII. Public Participation
A. What Is the Public Rulemaking File?
EPA is committed to ensuring public
access to the information that is used to
inform the Agency’s decisions regarding
the environment and human health and
to ensuring that the public has an
opportunity to participate in the
Agency’s decision process. The official
public rulemaking file consists of the
documents specifically referenced in
this action, any public comments
received, and other information related
to this action. The public rulemaking
file does not include Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute, although such
information is a part of the
administrative record for this action.
The public rulemaking file is the
collection of materials that is available
for public viewing at the Regional
Office. The administrative record is the
collection of material used to inform the
Agency’s decision on this rulemaking
action.
B. How Can I Get Copies of This
Document and Other Related
Information?
1. An official public rulemaking file
available for inspection at the Regional
Office. The Regional Office has
established an official public
rulemaking file for this action under
R06–OAR–2005–OK–0004. The public
rulemaking file is available for viewing
at the Air Planning Section, U.S.
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. EPA requests that, if at all
possible, you contact the person listed
in the FOR FURTHER INFORMATION
CONTACT section two working days in
advance to schedule your inspection.
The Regional Office’s official hours of
E:\FR\FM\04OCR1.SGM
04OCR1
Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Rules and Regulations
business are Monday through Friday,
8:30 a.m. to 4 p.m. excluding federal
Holidays.
2. Copies of the State submittal.
Copies of the State submittal is also
available for public inspection during
official business hours, by appointment
at the Oklahoma Department of
Environmental Quality, 707 N.
Robinson, Oklahoma City, Oklahoma
73101–1677.
3. Electronic Access. You may access
this Federal Register document
electronically through the
Regulation.gov Web site located at
https://www.regulations.gov where you
can find, review, and submit comments
on federal rules that are open for
comment and have been published in
the Federal Register.
The E Government Act of 2002 states
that to ‘‘to the extent practicable’’
agencies shall accept electronic
comments and establish electronic
dockets. Also, President Bush’s
management plan for government
includes a government-wide electronic
rulemaking system. The first phase of
the eRulemaking initiative was the
development a federal portal that
displays all Federal Register notices
and proposed rules open for comment.
The URL for this site is https://
www.regulations.gov. The site also
provides the public with the ability to
submit electronic comments that then
can be transferred to the Agency
responsible for the rule.
EPA’s policy is to make all comments
it receives, whether submitted
electronically or on paper, available for
public viewing at the Regional Office as
EPA receives them and without change.
However, those portions of a comment
that contain properly identified and
claimed CBI or other information whose
disclosure is restricted by statute will be
excluded from the public rulemaking
file. The entire comment, including
publicly restricted information, will be
included in the administrative record
for this action.
C. How and To Whom Do I Submit
Comments?
You may submit comments
electronically, by mail, or through hand
delivery/courier. To ensure proper
receipt by EPA, identify the appropriate
docket identification number in the
subject line on the first page of your
comment. Please ensure that your
comments are submitted within the
specified comment period. Comments
received after the close of the comment
period will be marked ‘‘late.’’ EPA is not
required to consider these late
comments. If you wish to submit CBI or
information that is otherwise protected
VerDate Aug<31>2005
16:33 Oct 03, 2005
Jkt 208002
by statute, please follow the instructions
in Section I.D, below. Do not use e-mail
to submit CBI or information protected
by statute.
1. Electronically. If you submit an
electronic comment as prescribed
below, EPA recommends that you
include your name, mailing address,
and an e-mail address or other contact
information in the body of your
comment. Also include this contact
information on the outside of any disk
or CD ROM you submit, and in any
cover letter accompanying the disk or
CD ROM. This ensures that you can be
identified as the submitter of the
comment, and allows EPA to contact
you in case EPA cannot read your
comment due to technical difficulties or
needs further information on the
substance of your comment. EPA’s
policy is that EPA will not edit your
comment, and any identifying or contact
information provided in the body of a
comment will be included as part of the
comment that is placed in the public
rulemaking file, and may be made
available in EPA’s electronic public
docket. 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.
i. E-mail. Comments may be sent by
electronic mail (e-mail) to
boyce.kenneth@epa.gov, Attention
‘‘Public comment on proposed
rulemaking R06–OAR–2005–OK–0004’’.
In contrast to EPA’s electronic public
docket, EPA’s e-mail system is not an
‘‘anonymous access’’ system. If you
send an e-mail comment directly to the
Docket without going through EPA’s
electronic public docket, EPA’s e-mail
system automatically captures your email address. E-mail addresses that are
automatically captured by EPA’s e-mail
system are included as part of the
comment that is placed in the official
public docket, and made available in
EPA’s electronic public docket.
ii. Regulations.gov. As an alternative
to email, you may submit comments
electronically to EPA by using the
federal Web-based portal that displays
all Federal Register notices and
proposed rules open for comment. To
use this method, access the
Regulations.gov Web site at https://
www.regulations.gov, then select
‘‘Environmental Protection Agency’’ at
the top of the page and click on the
‘‘Go’’ button. The list of current EPA
actions available for comment will be
displayed. Select the appropriate action
and please follow the online
instructions for submitting comments.
Unlike EPA’s e-mail system, the
Regulations.gov Web site is an
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
57767
‘‘anonymous’’ system, which means
EPA will not know your identity, e-mail
address, or other contact information,
unless you provide it in the text of your
comment.
iii. Disk or CD ROM. You may submit
comments on a disk or CD ROM that
you mail to the mailing address
identified in section I.C.2, directly
below. These electronic submissions
will be accepted in WordPerfect, Word,
or ASCII file format. You should avoid
the use of special characters and any
form of encryption.
2. By Mail. Send your comments to:
Kenneth Boyce, Air Planning Section
(6PD–L), Multimedia Planning and
Permitting Division, U.S. Environmental
Protection Agency, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733.
Please include the text ‘‘Public
comment on proposed rulemaking R06–
OAR–2005–OK–0004’’ in the subject
line of the first page of your comments.
3. By Hand Delivery or Courier.
Deliver your written comments or
comments on a disk or CD ROM to:
Kenneth Boyce, Air Planning Section
(6PD–L), Multimedia Planning and
Permitting Division, U.S. Environmental
Protection Agency, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
Attention ‘‘Public comment on
proposed rulemaking R06–OAR–2005–
OK–0004’’. Such deliveries are only
accepted during official hours of
business, which are Monday through
Friday, 8:30 a.m. to 4 p.m., excluding
federal Holidays.
D. How Should I Submit CBI to the
Agency?
For comments submitted to the
Agency by mail or hand delivery, in
either paper or electronic format, you
may assert a business confidentiality
claim covering confidential business
information (CBI) included in your
comment by clearly marking any part or
all of the information as CBI at the time
the comment is submitted to EPA. CBI
should be submitted separately, if
possible, to facilitate handling by EPA.
Submit one complete version of the
comment that includes the properly
labeled CBI for EPA’s official docket and
one copy that does not contain the CBI
to be included in the public docket. If
you submit CBI on a disk or CD ROM,
mark on the outside of the disk or the
CD ROM that it contains CBI and then
identify the CBI within the disk or CD
ROM. Also submit a non-CBI version if
possible. Information which is properly
labeled as CBI and submitted by mail or
hand delivered will be disclosed only in
accordance with procedures set forth in
40 CFR part 2. For comments submitted
by EPA’s e-mail system or through
E:\FR\FM\04OCR1.SGM
04OCR1
57768
Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Rules and Regulations
Regulations.gov, no CBI claim may be
asserted. Do not submit CBI to
Regulations.gov or via EPA’s e-mail
system. Any claim of CBI will be waived
for comments received through
Regulations.gov or EPA’s e-mail system.
For further advice on submitting CBI to
the Agency, contact the person listed in
the FOR FURTHER INFORMATION CONTACT
section of this notice.
8. To ensure proper receipt by EPA,
identify the appropriate docket
identification number in the subject line
on the first page of your response. It
would also be helpful if you provided
the name, date, and Federal Register
citation related to your comments.
E. Privacy Notice
It is important to note that the
comments you provide to EPA will be
publicly disclosed in a rulemaking
docket or on the internet. The comments
are made available for public viewing as
EPA receives them and without change.
Any personal information you choose to
include in your comment will be
included in the docket. However, EPA
will exclude from the public docket any
information labeled confidential
business information (CBI), copyrighted
material or other information restricted
from disclosure by statute.
Comments submitted via
Regulations.gov will not collect any
personal information, e-mail addresses,
or contact information unless they are
included in the body of the comment.
Comments submitted via
Regulations.gov will be submitted
anonymously unless you include
personal information in the body of the
comment. Please be advised that EPA
cannot contact you for any necessary
clarification if technical difficulties
arise unless your contact information is
included in the body of comments
submitted through Regulations.gov.
However, EPA’s e-mail system is not an
anonymous system. E-mail addresses
are automatically captured by EPA’s email system and included as part of
your comment that is placed in the
public rulemaking docket.
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),
F. What Should I Consider as I Prepare
My Comments for EPA?
You may find the following
suggestions helpful for preparing your
comments:
1. Explain your views as clearly as
possible.
2. Describe any assumptions that you
used.
3. Provide any technical information
and/or data you used that support your
views.
4. If you estimate potential burden or
costs, explain how you arrived at your
estimate.
5. Provide specific examples to
illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your
comments by the comment period
deadline identified.
VerDate Aug<31>2005
16:33 Oct 03, 2005
Jkt 208002
XIII. Statutory and Executive Order
Reviews
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
because it is not economically
significant.
In reviewing State 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 State plan submission
for failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a State plan
submission, to use VCS in place of a
State 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.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the 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 December 5,
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 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Aluminum,
Fertilizers, Fluoride, Intergovernmental
relations, Paper and paper products
industry, Phosphate, Reporting and
E:\FR\FM\04OCR1.SGM
04OCR1
Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Rules and Regulations
recordkeeping requirements, Sulfur
oxides, Sulfuric acid plants, Waste
treatment and disposal.
Dated: September 19, 2005.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
(c) Oklahoma AAA Pallet Co., Inc.,
Oklahoma City, Oklahoma.
(d) Simer Pallet Recycling, Inc.,
Chickasha, Oklahoma.
§ 62.9191
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
Effective date.
The effective date of this portion of
the State’s plan applicable to existing
commercial and industrial solid waste
incineration units is December 5, 2005.
[FR Doc. 05–19838 Filed 10–3–05; 8:45 am]
BILLING CODE 6560–50–P
Authority: 42 U.S.C. 7401 et seq.
Subpart LL—Oklahoma
ENVIRONMENTAL PROTECTION
AGENCY
2. Section 62.9100 is amended by
adding paragraphs (c)(6) to read as
follows:
40 CFR Part 261
§ 62.9100
RIN 2050–AE84
I
[RCRA–2002–0028; FRL–7980–1]
Identification of plan.
*
*
*
*
*
(b) * * *
*
*
*
*
*
(6) Control of air emissions from
existing commercial and industrial solid
waste incineration units, submitted by
the Oklahoma Department of
Environmental Quality on June 29,
2005. (OAC 252:100–17, Part 9).
*
*
*
*
*
(c) * * *
*
*
*
*
*
(6) Commercial and industrial solid
waste incineration units.
I 3. Subpart LL is amended by adding
a new undesignated center heading and
new § 62.9190 and new § 62.9191 to
read as follows:
Existing Commercial and Industrial
Solid Waste Incineration Units
§ 62.9190
Identification of sources.
(a) The plan applies to the following
existing commercial and industrial solid
waste incineration units:
(a) A&A Enterprises, Ardmore,
Oklahoma.
(b) Henryetta Pallet Company,
Henryetta, Oklahoma.
Revision of Wastewater Treatment
Exemptions for Hazardous Waste
Mixtures (‘‘Headworks Exemptions’’)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: In today’s action, the
Environmental Protection Agency is
finalizing the addition of benzene and 2ethoxyethanol to the list of solvents
whose mixtures with wastewaters are
exempted from the definition of
hazardous waste under the Resource
Conservation and Recovery Act. The
scrubber waters derived-from the
combustion of any of the exempted
solvents also are included in the
exemption. In addition, the Agency is
revising the rule by adding an option to
allow generators to directly measure
solvent chemical levels at the
headworks of the wastewater treatment
system to determine whether the
wastewater mixture is exempt from the
definition of hazardous waste. Finally,
the Agency is extending the eligibility
for the de minimis exemption to other
listed hazardous wastes (beyond
57769
discarded commercial chemical
products) and to non-manufacturing
facilities.
This final rule is effective on
November 3, 2005
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. RCRA–2002–0028. All documents
in the docket are listed in the EDOCKET
index at https://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 RCRA
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
for the Public Reading Room is (202)
566–1744, and the telephone number for
the RCRA Docket is (202) 566–0270.
FOR FURTHER INFORMATION CONTACT: Lisa
Lauer, Hazardous Waste Identification
Division, Office of Solid Waste (5304W),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460; telephone number: 703–308–
7418; fax number: 703–308–0514; e-mail
address: Lauer.Lisa@epa.gov.
SUPPLEMENTARY INFORMATION:
DATES:
General Information
Entities potentially affected by this
action are generators of industrial
hazardous waste, and entities that treat,
store, transport and/or dispose of these
wastes. The table below is not intended
to be exhaustive, but rather provides a
guide for readers regarding the types of
entities likely to be affected by this
action.
LIST OF ECONOMIC SUBSECTORS POTENTIALLY AFFECTED BY THE EXPANSION IN SCOPE OF THE RCRA HAZARDOUS
WASTE ‘‘HEADWORKS EXEMPTION’’ FOR INDUSTRIAL WASTEWATER TREATMENT SYSTEMS
Economic subsector or industry identity
Item
Description
SIC code
1 ........................................................
2 ........................................................
3 ........................................................
4 ........................................................
5 ........................................................
6 ........................................................
7 ........................................................
8 ........................................................
9 ........................................................
10 ......................................................
11 ......................................................
VerDate Aug<31>2005
16:33 Oct 03, 2005
Jkt 208002
NAICS code
02
20
22
24
25
26
28
29
30
31
32
PO 00000
Frm 00045
112
311
313
321
337
322
325
324
326
316
327
Fmt 4700
Sfmt 4700
Agricultural production—livestock.
Food & kindred products.
Textile mill products.
Lumber & wood products.
Furniture & fixtures.
Paper & allied products.
Chemicals & allied products.
Petroleum & coal products.
Rubber & miscellaneous plastics products.
Leather & leather products.
Stove, clay, glass & concrete products.
E:\FR\FM\04OCR1.SGM
04OCR1
]]>Agencies
[Federal Register Volume 70, Number 191 (Tuesday, October 4, 2005)]
[Rules and Regulations]
[Pages 57764-57769]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19838]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[R06-OAR-2005-OK-0004; FRL-7979-7]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants: Oklahoma; Plan for Controlling Emissions
From Commercial and Industrial Solid Waste Incineration Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action on the ``State Plan''
submitted by the state of Oklahoma on June 29, 2005, to fulfill the
requirement of sections 111/(d)/129 of the Clean Air Act for commercial
and industrial solid waste incineration (CISWI) units. The State Plan
provides for the implementation and enforcement of the Emissions
Guidelines, as promulgated by EPA December 1, 2000, applicable to
existing CISWI units for which construction commenced on or before
November 30, 1999. The State Plan establishes emission limits,
monitoring, operating, and recordkeeping requirements for commercial
and industrial solid waste incinerator (CISWI) units for which
construction commenced on or before November 30, 1999.
DATES: This direct final rule is effective on December 5, 2005 without
further notice, unless EPA receives adverse comment by November 3,
2005. If EPA receives such comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.
ADDRESSES: Comments may be submitted electronically, by mail, by
facsimile, or through hand delivery/courier by following the detailed
instructions provided under the ``Public Participation'' heading in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Mr. Kenneth W. Boyce, Air Planning
Section, Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2833, at (214) 665-7259 or
boyce.kenneth@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' are used we mean the EPA.
Table of Contents
I. What Action Is EPA Taking Today?
II. Background
[[Page 57765]]
III. Why Does EPA Want To Regulate Air Emissions From CISWIs?
IV. When Did EPA First Publish These Requirements?
V. Why Does EPA Need To Approve State Plans?
VI. What Did the State Submit as Part of Its State Plan?
VII. Why Is EPA Approving Oklahoma's State Plan?
VIII. Who Must Comply With the Requirements?
IX. Are Any Sources Exempt from the Requirements?
X. By What Date Must CISWIs in Oklahoma Achieve Compliance?
XI. Final Action
XII. Public Participation
XIII. Statutory and Executive Order Reviews
I. What Action Is EPA Taking Today?
The Environmental Protection Agency (EPA) is approving sections
111(d) and 129 of the State Plan submitted by the Oklahoma Department
of Environmental Quality (ODEQ) on June 29, 2005. The State Plan
establishes emission limits, monitoring, operating, and recordkeeping
requirements for commercial and industrial solid waste incinerator
(CISWI) units for which construction commenced on or before November
30, 1999. This State Plan implements and enforces provisions at least
as protective as the Federal Emission Guidelines (EGs) applicable to
existing CISWIs. The State Plan becomes federally enforceable upon
EPA's approval.
II. Background
Sections 111(d) and 129 of the Clean Air Act (CAA) 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
commercial and industrial solid waste incineration (CISWI) 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). On December 1, 2000 (65 FR
75338), EPA promulgated CISWI unit new source performance standards and
the EG, 40 CFR part 60, subparts CCCC and DDDD, respectively. The
designated facility to which the EGs apply is each existing CISWI unit,
as defined in subpart DDDD, that commenced construction on or before
November 30, 1999.
Section 111(d) of the Clean Air Act (CAA) requires that
``designated'' pollutants, regulated under standards of performance for
new stationary sources by section 111(b) of the CAA, must also be
controlled at existing sources in the same source category to a level
stipulated in an emission guideline (EG) document. Section 129 of the
CAA specifically addresses solid waste combustion and emissions
controls based on what is commonly referred to as ``maximum achievable
control technology'' (MACT). Section 129 requires EPA to promulgate a
MACT based emission guidelines document for CISWI units, and then
requires states to develop plans that implement the EG requirements.
The CISWI EG under 40 CFR part 60, subpart DDDD, establishes
emission and operating requirements under the authority of the sections
111(d) and 129 of the CAA. States must also include in their State
Plans other elements, such as inventories, legal authority, and public
participation documentation, to demonstrate their ability to enforce
the State Plans. These requirements must be incorporated into a State
plan that is ``at least as protective'' as the EG, and is federally
enforceable upon approval by EPA. The procedures for adoption and
submittal of State plans are codified in 40 CFR part 60, subpart B.
III. Why Does EPA Want To Regulate Air Emissions From CISWIs?
When burned, commercial and industrial solid wastes emit various
air pollutants, including hydrochloric acid, dioxin/furan, toxic metals
(lead, cadmium, and mercury) and particulate matter. Mercury is highly
hazardous and is of particular concern because it persists in the
environment and bioaccumulates through the food web. Serious
developmental and adult effects in humans, primarily damage to the
nervous system, have been associated with exposures to mercury. Harmful
effects in wildlife have also been reported; these include nervous
system damage and behavioral and reproductive deficits. Human and
wildlife exposure to mercury occur mainly through eating of fish. When
inhaled, mercury vapor attacks also the lung tissue and is a cumulative
poison. Short-term exposure to mercury in certain forms can cause
hallucinations and impair consciousness. Long-term exposure to mercury
in certain forms can affect the central nervous system and cause kidney
damage.
Exposure to particulate matter can aggravate existing respiratory
and cardiovascular disease and increase risk of premature death.
Hydrochloric acid is a clear colorless gas. Chronic exposure to
hydrochloric acid has been reported to cause gastritis, chronic
bronchitis, dermatitis, and photosensitization. Acute exposure to high
levels of chlorine in humans may result in chest pain, vomiting, toxic
pneumonitis, pulmonary edema, and death. At lower levels, chlorine is a
potent irritant to the eyes, the upper respiratory tract, and lungs.
Exposure to dioxin and furan can cause skin disorders, cancer, and
reproductive effects such as endometriosis. These pollutants can also
affect the immune system.
IV. When Did EPA First Publish These Requirements?
The EPA proposed the EGs in the Federal Register on November 30,
1999. (64 FR 67092). On December 1, 2000, EPA finalized the EGs at 65
FR 75338. The EGs are also found at 40 CFR part 60, subpart DDDD.
V. Why Does EPA Need To Approve State Plans?
EGs are not federally enforceable. Section 129(b)(2) of the CAA
requires states to submit State Plans to EPA for approval. Each state
must show that its State Plan will carry out and enforce the EGs. State
Plans must be at least as protective as the EGs, and they become
federally enforceable upon EPA's approval. The procedures for adopting
and submitting State Plans are in 40 CFR part 60, subpart B.
VI. What Did the State Submit as Part of Its State Plan?
The State of Oklahoma submitted its sections 111(d) and 129 State
Plan to EPA for approval on June 29, 2005. The State adopted the EG
requirements of 40 CFR part 60, subpart DDDD by incorporation by
reference (IBR) into the Oklahoma Administrative Code (OAC 252:100-17,
Part 9) on April 21, 2003. The State Plan also included a demonstration
of the State's legal authority to carry out the plan, inventory of
sources and emissions, evidence of a public hearing on the State Plan,
and provisions for submission of progress reports to EPA.
[[Page 57766]]
VII. Why Is EPA Approving Oklahoma's State Plan?
EPA has evaluated the CISWI State Plan submitted by Oklahoma for
consistency with the Act, EPA guidelines and policy. EPA has determined
that Oklahoma's State Plan meets all requirements and therefore, EPA is
approving Oklahoma's Plan to implement and enforce the EGs as it
applies to existing CISWIs.
EPA's approval of Oklahoma's State Plan is based on our findings
that: (1) ODEQ provided adequate public notice of public hearings for
the proposed rulemaking that allows Oklahoma to carry out and enforce
provisions that are at least as protective as the EGs for CISWIs; and
(2) ODEQ demonstrated legal authority to: adopt emission standards and
compliance schedules applicable to the designated facilities; enforce
applicable laws, regulations, standards and compliance schedules; seek
injunctive relief; obtain information necessary to determine
compliance; require recordkeeping; conduct inspections and tests;
require the use of monitors; require emission reports of owners and
operators; and make emission data publicly available.
A detailed discussion of EPA's evaluation of the State Plan is
included in the technical support document (TSD) located in the public
rulemaking file for this action and available from the EPA contact
listed in the Public Participation section of this document.
VIII. Who Must Comply With the Requirements?
All CISWIs that commenced construction on or before November 30,
1999 must comply with these requirements.
IX. Are Any Sources Exempt From the Requirements?
The following incinerator source categories are exempt from the
federal requirements for CISWIs:
(1) Pathological waste incineration units;
(2) Agricultural waste incineration units;
(3) Municipal waste combustion units;
(4) Hospital/medical/infectious waste incineration units;
(5) Small power production facilities;
(6) Cogeneration facilities;
(7) Hazardous waste combustion units;
(8) Materials recovery units;
(9) Air curtain incinerators;
(10) Cyclonic barrel burners;
(11) Rack, part, and drum reclamation units;
(12) Cement kilns;
(13) Sewage sludge incinerators;
(14) Chemical recovery units; and
(15) Laboratory analysis units.
Please refer to 40 CFR 60.2555 for specific definitions of these
incinerator source categories, and any recordkeeping or other
requirements that still may need to be met.
X. By What Date Must CISWIs in Oklahoma Achieve Compliance?
A state's section 111(d) plan must include a compliance schedule
that owners and operators of affected CISWI units must meet in
complying with the requirements of the plan. 40 CFR 60.2535 indicates
that final compliance should be achieved as expeditiously as
practicable after EPA approval of the state plan but no later than
December 1, 2005 or three years after the effective date of the state
plan approval, whichever is sooner. If the owner or operator of a CISWI
unit plans to achieve compliance more than one year following the
effective date of the state plan approval, then two increments of
progress must be met, which are; submit a final control plan; and
achieve final compliance. Section 252:100-17-75 of the Oklahoma
Administrative Code includes the increments of progress and the dates
by which those increments must be met, which are, submit a final
control plan by January 1, 2004 and achieve final compliance with the
emission limitations and other requirements by December 1, 2005.
XI. Final Action
EPA has evaluated the CISWI plan submitted by the state of Oklahoma
for consistency with the CAA, EPA emission guidelines and policy. EPA
has determined that Oklahoma's Plan meets all requirements and,
therefore, EPA is approving Oklahoma's Plan to implement and enforce
subpart DDDD, as promulgated on December 1, 2000, applicable to
existing CISWI units that have commenced construction on or before
November 30, 1999. EPA is also approving revisions to OAC 252:100-17,
Part 9 Regulations for the Control of Atmospheric Pollution, entitled,
``Definitions'' and ``Incineration,'' respectively.
EPA is publishing this approval action without prior proposal
because the Agency views this as a noncontroversial action and
anticipates no adverse comments. However, in the proposed rules section
of this Federal Register publication, EPA is publishing a separate
document that will serve as the proposal to approve the State Plan
should relevant adverse comments be filed. If EPA receives no
significant, material, and adverse comments by November 3, 2005, this
action will be effective on December 5, 2005.
If we receive adverse comments, we will publish a timely withdrawal
in the Federal Register informing the public that the rule will not
take effect. We will address all public comments in a subsequent final
rule based on the proposed rule. We will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time. Please note that if we receive adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, we may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
XII. Public Participation
A. What Is the Public Rulemaking File?
EPA is committed to ensuring public access to the information that
is used to inform the Agency's decisions regarding the environment and
human health and to ensuring that the public has an opportunity to
participate in the Agency's decision process. The official public
rulemaking file consists of the documents specifically referenced in
this action, any public comments received, and other information
related to this action. The public rulemaking file does not include
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute, although such information is a
part of the administrative record for this action. The public
rulemaking file is the collection of materials that is available for
public viewing at the Regional Office. The administrative record is the
collection of material used to inform the Agency's decision on this
rulemaking action.
B. How Can I Get Copies of This Document and Other Related Information?
1. An official public rulemaking file available for inspection at
the Regional Office. The Regional Office has established an official
public rulemaking file for this action under R06-OAR-2005-OK-0004. The
public rulemaking file is available for viewing at the Air Planning
Section, U.S. Environmental Protection Agency, 1445 Ross Avenue, Suite
700, Dallas, Texas 75202-2733. EPA requests that, if at all possible,
you contact the person listed in the FOR FURTHER INFORMATION CONTACT
section two working days in advance to schedule your inspection. The
Regional Office's official hours of
[[Page 57767]]
business are Monday through Friday, 8:30 a.m. to 4 p.m. excluding
federal Holidays.
2. Copies of the State submittal. Copies of the State submittal is
also available for public inspection during official business hours, by
appointment at the Oklahoma Department of Environmental Quality, 707 N.
Robinson, Oklahoma City, Oklahoma 73101-1677.
3. Electronic Access. You may access this Federal Register document
electronically through the Regulation.gov Web site located at https://
www.regulations.gov where you can find, review, and submit comments on
federal rules that are open for comment and have been published in the
Federal Register.
The E Government Act of 2002 states that to ``to the extent
practicable'' agencies shall accept electronic comments and establish
electronic dockets. Also, President Bush's management plan for
government includes a government-wide electronic rulemaking system. The
first phase of the eRulemaking initiative was the development a federal
portal that displays all Federal Register notices and proposed rules
open for comment. The URL for this site is https://www.regulations.gov.
The site also provides the public with the ability to submit electronic
comments that then can be transferred to the Agency responsible for the
rule.
EPA's policy is to make all comments it receives, whether submitted
electronically or on paper, available for public viewing at the
Regional Office as EPA receives them and without change. However, those
portions of a comment that contain properly identified and claimed CBI
or other information whose disclosure is restricted by statute will be
excluded from the public rulemaking file. The entire comment, including
publicly restricted information, will be included in the administrative
record for this action.
C. How and To Whom Do I Submit Comments?
You may submit comments electronically, by mail, or through hand
delivery/courier. To ensure proper receipt by EPA, identify the
appropriate docket identification number in the subject line on the
first page of your comment. Please ensure that your comments are
submitted within the specified comment period. Comments received after
the close of the comment period will be marked ``late.'' EPA is not
required to consider these late comments. If you wish to submit CBI or
information that is otherwise protected by statute, please follow the
instructions in Section I.D, below. Do not use e-mail to submit CBI or
information protected by statute.
1. Electronically. If you submit an electronic comment as
prescribed below, EPA recommends that you include your name, mailing
address, and an e-mail address or other contact information in the body
of your comment. Also include this contact information on the outside
of any disk or CD ROM you submit, and in any cover letter accompanying
the disk or CD ROM. This ensures that you can be identified as the
submitter of the comment, and allows EPA to contact you in case EPA
cannot read your comment due to technical difficulties or needs further
information on the substance of your comment. EPA's policy is that EPA
will not edit your comment, and any identifying or contact information
provided in the body of a comment will be included as part of the
comment that is placed in the public rulemaking file, and may be made
available in EPA's electronic public docket. 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.
i. E-mail. Comments may be sent by electronic mail (e-mail) to
boyce.kenneth@epa.gov, Attention ``Public comment on proposed
rulemaking R06-OAR-2005-OK-0004''. In contrast to EPA's electronic
public docket, EPA's e-mail system is not an ``anonymous access''
system. If you send an e-mail comment directly to the Docket without
going through EPA's electronic public docket, EPA's e-mail system
automatically captures your e-mail address. E-mail addresses that are
automatically captured by EPA's e-mail system are included as part of
the comment that is placed in the official public docket, and made
available in EPA's electronic public docket.
ii. Regulations.gov. As an alternative to email, you may submit
comments electronically to EPA by using the federal Web-based portal
that displays all Federal Register notices and proposed rules open for
comment. To use this method, access the Regulations.gov Web site at
https://www.regulations.gov, then select ``Environmental Protection
Agency'' at the top of the page and click on the ``Go'' button. The
list of current EPA actions available for comment will be displayed.
Select the appropriate action and please follow the online instructions
for submitting comments. Unlike EPA's e-mail system, the
Regulations.gov Web site is an ``anonymous'' system, which means EPA
will not know your identity, e-mail address, or other contact
information, unless you provide it in the text of your comment.
iii. Disk or CD ROM. You may submit comments on a disk or CD ROM
that you mail to the mailing address identified in section I.C.2,
directly below. These electronic submissions will be accepted in
WordPerfect, Word, or ASCII file format. You should avoid the use of
special characters and any form of encryption.
2. By Mail. Send your comments to: Kenneth Boyce, Air Planning
Section (6PD-L), Multimedia Planning and Permitting Division, U.S.
Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733. Please include the text ``Public comment on proposed
rulemaking R06-OAR-2005-OK-0004'' in the subject line of the first page
of your comments.
3. By Hand Delivery or Courier. Deliver your written comments or
comments on a disk or CD ROM to: Kenneth Boyce, Air Planning Section
(6PD-L), Multimedia Planning and Permitting Division, U.S.
Environmental Protection Agency, 1445 Ross Avenue, Suite 700, Dallas,
Texas 75202-2733, Attention ``Public comment on proposed rulemaking
R06-OAR-2005-OK-0004''. Such deliveries are only accepted during
official hours of business, which are Monday through Friday, 8:30 a.m.
to 4 p.m., excluding federal Holidays.
D. How Should I Submit CBI to the Agency?
For comments submitted to the Agency by mail or hand delivery, in
either paper or electronic format, you may assert a business
confidentiality claim covering confidential business information (CBI)
included in your comment by clearly marking any part or all of the
information as CBI at the time the comment is submitted to EPA. CBI
should be submitted separately, if possible, to facilitate handling by
EPA. Submit one complete version of the comment that includes the
properly labeled CBI for EPA's official docket and one copy that does
not contain the CBI to be included in the public docket. If you submit
CBI on a disk or CD ROM, mark on the outside of the disk or the CD ROM
that it contains CBI and then identify the CBI within the disk or CD
ROM. Also submit a non-CBI version if possible. Information which is
properly labeled as CBI and submitted by mail or hand delivered will be
disclosed only in accordance with procedures set forth in 40 CFR part
2. For comments submitted by EPA's e-mail system or through
[[Page 57768]]
Regulations.gov, no CBI claim may be asserted. Do not submit CBI to
Regulations.gov or via EPA's e-mail system. Any claim of CBI will be
waived for comments received through Regulations.gov or EPA's e-mail
system. For further advice on submitting CBI to the Agency, contact the
person listed in the FOR FURTHER INFORMATION CONTACT section of this
notice.
E. Privacy Notice
It is important to note that the comments you provide to EPA will
be publicly disclosed in a rulemaking docket or on the internet. The
comments are made available for public viewing as EPA receives them and
without change. Any personal information you choose to include in your
comment will be included in the docket. However, EPA will exclude from
the public docket any information labeled confidential business
information (CBI), copyrighted material or other information restricted
from disclosure by statute.
Comments submitted via Regulations.gov will not collect any
personal information, e-mail addresses, or contact information unless
they are included in the body of the comment. Comments submitted via
Regulations.gov will be submitted anonymously unless you include
personal information in the body of the comment. Please be advised that
EPA cannot contact you for any necessary clarification if technical
difficulties arise unless your contact information is included in the
body of comments submitted through Regulations.gov. However, EPA's e-
mail system is not an anonymous system. E-mail addresses are
automatically captured by EPA's e-mail system and included as part of
your comment that is placed in the public rulemaking docket.
F. What Should I Consider as I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible.
2. Describe any assumptions that you used.
3. Provide any technical information and/or data you used that
support your views.
4. If you estimate potential burden or costs, explain how you
arrived at your estimate.
5. Provide specific examples to illustrate your concerns.
6. Offer alternatives.
7. Make sure to submit your comments by the comment period deadline
identified.
8. To ensure proper receipt by EPA, identify the appropriate docket
identification number in the subject line on the first page of your
response. It would also be helpful if you provided the name, date, and
Federal Register citation related to your comments.
XIII. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state 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 State 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 State plan submission for failure to use VCS. It would
thus be inconsistent with applicable law for EPA, when it reviews a
State plan submission, to use VCS in place of a State 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.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the 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 December 5, 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 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Aluminum, Fertilizers, Fluoride,
Intergovernmental relations, Paper and paper products industry,
Phosphate, Reporting and
[[Page 57769]]
recordkeeping requirements, Sulfur oxides, Sulfuric acid plants, Waste
treatment and disposal.
Dated: September 19, 2005.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.
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 LL--Oklahoma
0
2. Section 62.9100 is amended by adding paragraphs (c)(6) to read as
follows:
Sec. 62.9100 Identification of plan.
* * * * *
(b) * * *
* * * * *
(6) Control of air emissions from existing commercial and
industrial solid waste incineration units, submitted by the Oklahoma
Department of Environmental Quality on June 29, 2005. (OAC 252:100-17,
Part 9).
* * * * *
(c) * * *
* * * * *
(6) Commercial and industrial solid waste incineration units.
0
3. Subpart LL is amended by adding a new undesignated center heading
and new Sec. 62.9190 and new Sec. 62.9191 to read as follows:
Existing Commercial and Industrial Solid Waste Incineration Units
Sec. 62.9190 Identification of sources.
(a) The plan applies to the following existing commercial and
industrial solid waste incineration units:
(a) A&A Enterprises, Ardmore, Oklahoma.
(b) Henryetta Pallet Company, Henryetta, Oklahoma.
(c) Oklahoma AAA Pallet Co., Inc., Oklahoma City, Oklahoma.
(d) Simer Pallet Recycling, Inc., Chickasha, Oklahoma.
Sec. 62.9191 Effective date.
The effective date of this portion of the State's plan applicable
to existing commercial and industrial solid waste incineration units is
December 5, 2005.
[FR Doc. 05-19838 Filed 10-3-05; 8:45 am]
BILLING CODE 6560-50-P
