Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Other Solid Waste Incineration Units: Reconsideration, 36726-36730 [E6-10095]
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The Proposal
The FAA is considering an
amendment to 14 CFR part 71 to modify
Class E airspace at Chamberlain, SD, for
Chamberlain Municipal Airport.
Controlled airspace extending upward
from 700 feet above the surface of the
earth is needed to contain aircraft
executing instrument approach
procedures. Class E airspace areas
extending upward from 700 feet above
the surface of the earth are published in
paragraph 6005 of FAA Order 7400.9N
dated September 1, 2005, and effective
September 16, 2005, which is
incorporated by reference in 14 CFR
71.1. The Class E designations listed in
this document would be removed
subsequently in the Order.
The FAA has determined that this
proposed regulation only involves an
establishment body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current.
Therefore this, proposed regulation—(1)
Is not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
Regulatory Evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this proposed rule will
not have a significant economic impact
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Proposed Amendment
Accordingly, pursuant to the
authority delegated to me, the Federal
Aviation Administration proposes to
amend 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS;
AIRWAYS; ROUTES; AND REPORTING
POINTS
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1. The authority citation for part 71
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.l
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of the Federal Aviation
Administration Order 7400.9N,
Airspace Designations and Reporting
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Points, dated September 1, 2005, and
effective September 15, 2005, is
amended as follows:
Paragraph 6005 Class E airspace areas
extending upward from 700 feet or more
above the surface of the earth.
*
*
*
*
*
AGL SD E5 Chamberlain, SD [Revised]
Chamberlain Municipal Airport, SD
(Lat. 43°45′58″ N., long. 99°19′17″ W.)
That airspace extending upward from 700
feet above the surface within a 6.4-mile
radius of Chamberlain Municipal Airport.
*
*
*
*
*
Issued in Des Plaines, Illinois on June 8,
2006.
John A. Clayborn,
Acting Area Director, Central Terminal
Operations.
[FR Doc. 06–5732 Filed 6–27–06; 8:45 am]
BILLING CODE 4910–13–M
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2003–0156; FRL–8189–5]
Standards of Performance for New
Stationary Sources and Emission
Guidelines for Existing Sources: Other
Solid Waste Incineration Units:
Reconsideration
Environmental Protection
Agency (EPA).
ACTION: Notice of reconsideration of
final rule; request for public comment;
notice of public hearing.
AGENCY:
SUMMARY: On December 16, 2005, EPA
published a final rule entitled,
‘‘Standards of Performance for New
Stationary Sources and Emission
Guidelines for Existing Sources: Other
Solid Waste Incineration Units.’’
Following that final action, the
Administrator received a petition for
reconsideration. In response to the
petition, EPA is announcing its
reconsideration of and requesting
comment on whether sewage and sludge
incinerators should be excluded from
the other solid waste incineration units
(OSWI) rules.
DATES: Comments. Submit comments on
or before August 14, 2006. Because of
the need to resolve the issues raised in
this action in a timely manner, EPA will
not grant requests for extensions beyond
this date.
Public Hearing. If anyone contacts
EPA by July 5, 2006 requesting to speak
at a public hearing, EPA will hold a
public hearing on July 12, 2006. If you
are interested in attending the public
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hearing, contact Dorothy Apple at (919)
541–4487 to verify that a hearing will be
held.
ADDRESSES: Comments. Submit your
comments, identified by Docket ID No.
EPA–HQ–OAR–2003–0156, by one of
the following methods:
Web site: https://www.regulations.gov.
Follow the online instructions for
submitting comments.
E-mail: Send your comments via
electronic mail to a-and-rdocket@epa.gov, Attention Docket ID
No. EPA–HQ–OAR–2003–0156.
Facsimile: Fax your comments to
(202) 566–1741, Attention Docket ID No.
EPA–HQ–OAR–2003–0156.
Mail: Send your comments to: EPA
Docket Center (EPA/DC), EPA, Mailcode
6102T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, Attention
Docket ID No. EPA–HQ–OAR–2003–
0156.
Hand Delivery: Deliver your
comments to: EPA Docket Center (EPA/
DC), EPA West Building, Room B108,
1301 Constitution Ave., NW.,
Washington, DC, 20460, Attention
Docket ID No. EPA–HQ–OAR–2003–
0156. Such deliveries are accepted only
during the normal hours of operation
(8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays), and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–OAR–2003–
0156. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
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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.
Public Hearing: If a public hearing is
held, it will be held at EPA’s Campus
located at 109 T.W. Alexander Drive in
Research Triangle Park, NC, or an
alternate site nearby. Persons interested
in presenting oral testimony must
contact Dorothy Apple at (919) 541–
4487 at least 7 days in advance of the
hearing. If no one contacts Dorothy
Apple in advance of the hearing with a
request to present oral testimony at the
hearing, we will cancel the hearing. The
public hearing will provide interested
parties the opportunity to present data,
views, or arguments concerning the
reconsideration. The record for this
action will remain open for 30 days after
the date of the hearing to accommodate
submittal of information related to the
public hearing.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., 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 at https://
www.regulations.gov or in hard copy at
the EPA Docket Center (EPA/DC), EPA
West Building, 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 EPA
Docket Center is (202) 566–1742.
FOR FURTHER INFORMATION CONTACT: Ms.
Martha Smith, Natural Resources and
Commerce Group, Sector Policies and
Programs Division (E143–03), U.S. EPA,
Research Triangle Park, North Carolina
27711, (919) 541–2421, e-mail
smith.martha@epa.gov. For questions
about the public hearing, contact
Dorothy Apple at (919) 541–4487.
SUPPLEMENTARY INFORMATION:
Organization of This Document. The
following outline is provided to aid in
locating information in this preamble.
I. General Information
A. Does the reconsideration notice apply to
me?
B. How do I obtain a copy of this document
and other related information?
II. Background Information
III. Actions We Are Taking
IV. Discussion of Issue for Reconsideration
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
B. Paperwork Reduction Act
Category
NAICS code
Any State, local, or Tribal government using a VSMWC unit as
defined in the regulations.
562213,
92411
Institutions using an IWI unit as defined in the regulations ..........
922, 6111,
623, 7121
928
Any Federal government agency using an OSWI unit as defined
in the regulations.
Any college or university using an OSWI unit as defined in the
regulations.
Any church or convent using an OSWI unit as defined in the
regulations.
Any civic or religious organization using an OSWI unit as defined in the regulations.
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This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities that were
regulated by the final OSWI rules.
B. How do I obtain a copy of this
document and other related
information?
Docket. The docket number for this
action and the final OSWI new source
performance standards (NSPS) (40 CFR
part 60, subpart EEEE) and emission
guidelines (40 CFR part 60, subpart
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C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution or Use
I. National Technology Transfer
Advancement Act
I. General Information
A. Does the reconsideration notice
apply to me?
Regulated Entities. This
reconsideration proceeding potentially
affects sewage sludge incinerators.
Although there is not a specific North
American Industrial Classification
System (NAICS) code for sewage sludge
incinerators, these units may be
operated by municipalities or other
entities and the following NAICS codes
apply: Non-hazardous incinerators
(NAICS 562213); sludge disposal sites
(NAICS 562212); and sewage treatment
facilities (NAICS 221320). The
categories and entities regulated by the
final OSWI rules are very small
municipal waste combustion (VSMWC)
units and institutional waste
incineration (IWI) units. The final OSWI
emission guidelines and new source
performance standards (NSPS) affect the
following categories of sources:
Examples of potentially regulated entities
Solid waste combustion units burning municipal waste collected
from the general public and from residential, commercial, institutional, and industrial sources.
Correctional institutions, primary and secondary schools,
camps and national parks.
Department of Defense (labs, military bases, munition facilities).
Universities, colleges and community colleges.
8131
Churches and convents.
8134
Civic associations and fraternal associations.
FFFF) is Docket ID No. EPA–HQ–OAR–
2003–0156.
Worldwide Web (WWW). In addition
to being available in the docket,
electronic copies of the final rule and
the notice of reconsideration are
available on the WWW through the
Technology Transfer Network Web site
(TTN). Following signature, EPA posted
a copy of the final rule on the TTN’s
policy and guidance page for newly
proposed or promulgated rules at https://
www.epa.gov/ttn/oarpg. The TTN
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provides information and technology
exchange in various areas of air
pollution control.
II. Background Information
Section 129 of the Clean Air Act
(CAA), entitled ‘‘Solid Waste
Combustion,’’ requires EPA to develop
and adopt NSPS and emission
guidelines for solid waste incineration
units pursuant to CAA section 111.
Section 111(b) of the CAA requires EPA
to establish NSPS for new sources, and
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CAA section 111(d) requires EPA to
establish procedures for States to submit
plans for implementing emission
guidelines for existing sources. Congress
specifically added section 129 to the
CAA to address concerns about
emissions from solid waste combustion
units. Section 129(a)(1) of the CAA
identifies five categories of solid waste
incineration units:
(1) Units with a capacity of greater
than 250 tons per day (tpd) combusting
municipal waste;
(2) Units with a capacity equal to or
less than 250 tpd combusting municipal
waste;
(3) Units combusting hospital,
medical and infectious waste;
(4) Units combusting commercial or
industrial waste; and
(5) Unspecified—other categories of
solid waste incineration units.
EPA previously developed regulations
for each of the listed categories of solid
waste incineration units except for the
undefined ‘‘other categories of solid
waste incineration units.’’ On December
9, 2004 (69 FR 71472), EPA proposed
NSPS and emission guidelines for OSWI
units. EPA received and considered
public comments and promulgated final
regulations for OSWI units on December
16, 2005.
Following the promulgation of the
final OSWI rule, EPA received a petition
for reconsideration from the Sierra Club.
The purpose of this notice is to initiate
a process for responding to one issue
raised in the petition.
III. Actions We Are Taking
Today, we are granting
reconsideration of and requesting
comment on the sewage sludge
incinerator issue, an issue raised in the
petition for reconsideration. Generally,
the Sierra Club contends that sewage
sludge incinerators should be regulated
as a type of OSWI under CAA section
129. Petitioner notes that the notice of
proposal of the OSWI rule did not
mention sewage sludge incinerators,
and claims that there was no
opportunity to comment on EPA’s
decision not to regulate sewage sludge
incinerators under OSWI. Moreover,
they argue that EPA’s rationale was
advanced for the first time in the final
rule and supporting documents.
EPA acknowledges that the OSWI
proposal notice (69 FR 71472, December
9, 2004) did not specifically mention or
request comment on whether sewage
sludge incinerators should be regulated
under the OSWI rules. EPA did publish
notices on April 24, 2000, (65 FR
23459–01) and June 26, 2002, (67 FR
43113) in which EPA indicated that we
had decided not to regulate sewage
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sludge incinerators as a category under
CAA section 129 and listing it as an area
source category to be regulated under
CAA section 112(c)(3) and 112(k)(3).
These notices; however, did not request
public comment on whether sewage
sludge incinerators should be regulated
under section 129 or section 112. We
have decided to grant reconsideration of
this issue in the interest of ensuring full
opportunity for comment. The issue is
described in further detail below.
Our final decision on reconsideration
for all the other issues raised by
petitioners, and for which we are not
granting reconsideration today, will be
issued no later than the date by which
we take final action on the sewage
sludge incinerator issue discussed in
this notice. We are requesting public
comment only on the sewage sludge
incinerator issue identified in this
notice. We will not respond to any
comments addressing other aspects of
the OSWI rule or any related
rulemakings.
IV. Discussion of Issue for
Reconsideration
EPA acknowledges that earlier notices
indicated that sewage sludge
incinerators would be considered OSWI
units (62 FR 1868, January 14, 1997; 63
FR 66087, December 1, 1998). However,
as we discussed in the preamble to the
final OSWI rules and the response to
comment document, later notices
conveyed the fact we intended to
regulate sewage sludge incinerators
under section 112 of the CAA, not under
section 129. As early as April 2000, EPA
indicated that it no longer intended to
regulate sewage sludge incinerators
under CAA section 129:
The Agency has decided not to regulate
sewage sludge incinerators as a category
under section 129 of the Clean Air Act. * * *
The Agency believes that sewage sludge
generated by publicly-owned treatment
works (POTWs) and combusted in SSI is
‘‘solid waste.’’ However, this sludge is from
a municipal source, and not from
‘‘commercial or industrial establishments or
the general public.’’ Therefore, SSIs that
combust this sludge are not ‘‘solid waste
incineration units’’ and section 129 does not
apply to them. Virtually all of the SSIs that
would be candidates for regulation combust
sludge from POTWs and, thus are not
covered under section 129.
Unified Agenda, (65 FR 23459–01, April
24, 2000).
EPA’s intent to regulate these sources
under CAA section 112 was also made
clear when sewage sludge incinerators
were included as an additional area
source category listed pursuant to CAA
sections 112(c)(3) and 112(k)(3)(B)(ii)
(67 FR 43113, June 26, 2002). In
addition, in previous regulatory
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activities, EPA was unable to identify
any sewage sludge incinerators that
were major sources (see 67 FR 6521,
February 12, 2002). As discussed fully
in the preamble to the final OSWI rules
and the supporting response to
comment document, the language of
CAA section 129(h) makes clear the
Congressional intent for CAA
regulations under section 129 or section
112 to be mutually exclusive.
Accordingly, source categories regulated
by CAA section 112 may not also be
subject to a CAA section 129 regulation.
However, we acknowledge that
neither the April 2000 nor the June 2002
notice was a final regulatory action, and
that no opportunity for public comment
was available following either
publication. Furthermore, as we did not
discuss our intent to regulate sewage
sludge incinerators under CAA section
112 in the proposed OSWI rules notice,
we accept that we have not offered
opportunity for comment on this issue.
Therefore, we are granting
reconsideration of, and requesting
comment on, the issue of excluding
sewage sludge incinerators from
regulation under CAA section 129 under
the OSWI rules.
V. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), EPA must
determine whether the regulatory action
is ‘‘significant’’ and; therefore, subject to
review by OMB and the requirements of
the Executive Order. The Executive
Order defines ‘‘significant regulatory
action’’ as one that is likely to result in
a rule that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or Tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs, or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the Executive Order.
It has been determined that this notice
of reconsideration is not a ‘‘significant
regulatory action’’ under the terms of
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Executive Order 12866 and is therefore
not subject to OMB review.
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B. Paperwork Reduction Act
This action does not impose any new
information collection burden. We are
not proposing any new paperwork as
part of today’s notice. With this action,
we are seeking public comments on an
issue raised in a petition for
reconsideration of the OSWI rule. The
Office of Management and Budget has
previously approved the information
collection requirements contained in the
existing regulations (40 CFR part 60,
subparts EEEE and FFFF) under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. and has
assigned OMB control number 2060–
0563 and EPA ICR No. 2163.02 for
subpart EEEE, and OMB control number
2060–0562 and EPA ICR No. 2164.02 for
subpart FFFF. A copy of the OMB
approved Information Collection
Requests (ICR), may be obtained from
Susan Auby, Collection Strategies
Division, U.S. EPA (2822T), 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460, by e-mail at
auby.susan@epa.gov, or by calling (202)
566–1672.
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, or disclose
or provide information to or for a
Federal agency. This includes the time
needed to review instructions; develop,
acquire, install, and utilize technology
and systems for the purposes of
collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
An agency may not conduct or
sponsor and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in 40
CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act
generally requires an agency to prepare
a regulatory flexibility analysis of any
rule subject to notice and comment
rulemaking requirements under the
Administrative Procedure Act or any
other statute unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
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number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impacts
of the final rules on small entities, small
entity is defined as follows:
1. A small business that is an ultimate
parent entity in the regulated industry
that has a gross annual revenue less
than $6.0 million (this varies by
industry category, ranging up to $10.5
million for North American Industrial
Classification System (NAICS) code
562213 (very small municipal waste
combustors)), based on Small Business
Administration’s size standards;
2. A small governmental jurisdiction
that is a government of a city, county,
town, school district or special district
with a population of less than 50,000; or
3. A small organization that is any
not-for-profit enterprise that is
independently owned and operated and
is not dominant in its field.
After considering the economic
impact of today’s notice of
reconsideration on small entities, I
certify that this action will not have a
significant economic impact on a
substantial number of small entities.
This action does not propose any
changes to the final OSWI rule and will
not impose any requirements on small
entities. EPA has determined that it is
not necessary to prepare a regulatory
flexibility analysis in connection with
this reconsideration notice.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act (UMRA) of 1995, Public
Law 104–4, establishes requirements for
Federal Agencies to assess the effects of
their regulatory actions on State, local,
and Tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures by State, local,
and Tribal governments, in the
aggregate, or by the private sector, of
$100 million or more in any one year.
Before promulgating an EPA rule for
which a written statement is needed,
section 205 of the UMRA generally
requires EPA to identify and consider a
reasonable number of regulatory
alternatives and adopt the least costly,
most cost-effective, or least burdensome
alternative that achieves the objectives
of the rule. The provisions of section
205 do not apply when they are
inconsistent with applicable law.
Moreover, section 205 allows EPA to
adopt an alternative other than the least
costly, most cost-effective, or least
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burdensome alternative if EPA
publishes with the final rule an
explanation why that alternative was
not adopted.
Before EPA establishes any regulatory
requirements that may significantly or
uniquely affect small governments,
including Tribal governments, EPA
must have developed, under section 203
of the UMRA, a small government
agency plan. The plan must provide for
notifying potentially affected small
governments, enabling officials of
affected small governments to have
meaningful and timely input in the
development of EPA’s regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements.
EPA has determined that this notice
of reconsideration does not contain a
Federal mandate that may result in
expenditures of $100 million or more
for State, local, and Tribal governments,
in the aggregate, or the private sector in
any one year. We are not proposing to
change the final OSWI rule. Thus,
today’s notice of reconsideration is not
subject to the requirements of section
202 and 205 of the UMRA. In addition,
EPA has determined that the notice of
reconsideration contains no regulatory
requirements that might significantly or
uniquely affect small governments.
Therefore, the notice of reconsideration
is not subject to the requirements of
section 203 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255,
August 10, 1999), requires EPA to
develop an accountable process to
ensure ‘‘meaningful and timely input by
State and local officials in the
development of regulatory policies that
have Federalism implications.’’
‘‘Policies that have Federalism
implications’’ is defined in the
Executive Order to include regulations
that have ‘‘substantial direct effects on
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among various levels of
government.’’
This notice of reconsideration does
not have Federalism implications. It
will 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. The
notice of reconsideration will not
impose direct compliance costs on State
or local governments, and will not
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H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution or Use
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
Tribal officials in the development of
regulatory policies that have Tribal
implications.’’ ‘‘Policies that have Tribal
implications’’ is defined in the
Executive Order to include regulations
that have ‘‘substantial direct effects on
relationship between the Federal
Government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian tribes.’’
This notice of reconsideration does
not have Tribal implications, as
specified in Executive Order 13175. It
will not have substantial direct effects
on Tribal governments, 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 in Executive Order 13175.
Thus, Executive Order 13175 does not
apply to this notice of reconsideration.
mstockstill on PROD1PC68 with PROPOSALS
preempt State law. Thus, Executive
Order 13132 does not apply to today’s
notice of reconsideration.
This notice of reconsideration is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, and Use’’ (66 FR 28355,
May 22, 2001) because it is not a
significant regulatory action under
Executive Order 12866.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
Executive Order 13045 (62 FR 19885,
April 23, 1997), applies to any rule that:
(1) Is determined to be ‘‘economically
significant’’ as defined under Executive
Order 12866, and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have a
disproportionate effect on children. If
the regulatory action meets both criteria,
EPA must evaluate the environmental
health or safety effects of the planned
rule on children, and explain why the
planned regulation is preferable to other
potentially effective and reasonably
feasible alternatives EPA considered.
EPA interprets Executive Order 13045
as applying only to those regulatory
actions that are based on health or safety
risks, such that the analysis required
under section 5–501 of the Executive
Order has the potential to influence the
regulation. This notice of
reconsideration is not subject to
Executive Order 13045 because it is not
economically significant, and the
original OSWI rules were based on
technology performance and not on
health and safety risks.
VerDate Aug<31>2005
15:27 Jun 27, 2006
Jkt 208001
I. National Technology Transfer
Advancement Act
CAA section 12(d) of the National
Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. 104–113;
15 U.S.C. 272 note) directs EPA to use
voluntary consensus standards in their
regulatory activities unless to do so
would be inconsistent with applicable
law or otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures,
business practices) developed or
adopted by one or more voluntary
consensus bodies. The NTTAA directs
EPA to provide Congress, through
annual reports to OMB, with
explanations when an agency does not
use available and applicable voluntary
consensus standards.
This notice of reconsideration does
not involve technical standards. EPA’s
compliance with section 12(d) of the
NTTAA has been addressed in the
preamble of the underlying final OSWI
rule. (70 FR 74891, December 16, 2005)
List of Subjects in 40 CFR Part 60
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements.
Dated: June 20, 2006.
Stephen L. Johnson,
Administrator.
[FR Doc. E6–10095 Filed 6–27–06; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00016
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–R09–OAR–2006–0496; FRL–8189–9]
Delegation of National Emission
Standards for Hazardous Air Pollutants
for Source Categories; State of
Arizona; Maricopa County Air Quality
Department; State of California; San
Joaquin Valley Unified Air Pollution
Control District; State of Nevada;
Nevada Division of Environmental
Protection
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: Pursuant to section 112(l) of
the 1990 Clean Air Act, EPA granted
delegation of specific national emission
standards for hazardous air pollutants
(NESHAPs) to the Maricopa County Air
Quality Department on May 16, 2006, to
the San Joaquin Valley Unified Air
Pollution Control District on October 31,
2005, and to the Nevada Division of
Environmental Protection on May 9,
2006. EPA is proposing to revise the
Code of Federal Regulations to reflect
the current delegation status of
NESHAPs in Arizona, California, and
Nevada.
Any comments on this proposal
must arrive by July 28, 2006.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2006–0496, by one of the
following methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air–4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through https://
www.regulations.gov or e-mail. https://
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send e-mail
directly to EPA, your e-mail address
DATES:
E:\FR\FM\28JNP1.SGM
28JNP1
Agencies
[Federal Register Volume 71, Number 124 (Wednesday, June 28, 2006)]
[Proposed Rules]
[Pages 36726-36730]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10095]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 60
[EPA-HQ-OAR-2003-0156; FRL-8189-5]
Standards of Performance for New Stationary Sources and Emission
Guidelines for Existing Sources: Other Solid Waste Incineration Units:
Reconsideration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of reconsideration of final rule; request for public
comment; notice of public hearing.
-----------------------------------------------------------------------
SUMMARY: On December 16, 2005, EPA published a final rule entitled,
``Standards of Performance for New Stationary Sources and Emission
Guidelines for Existing Sources: Other Solid Waste Incineration
Units.'' Following that final action, the Administrator received a
petition for reconsideration. In response to the petition, EPA is
announcing its reconsideration of and requesting comment on whether
sewage and sludge incinerators should be excluded from the other solid
waste incineration units (OSWI) rules.
DATES: Comments. Submit comments on or before August 14, 2006. Because
of the need to resolve the issues raised in this action in a timely
manner, EPA will not grant requests for extensions beyond this date.
Public Hearing. If anyone contacts EPA by July 5, 2006 requesting
to speak at a public hearing, EPA will hold a public hearing on July
12, 2006. If you are interested in attending the public hearing,
contact Dorothy Apple at (919) 541-4487 to verify that a hearing will
be held.
ADDRESSES: Comments. Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2003-0156, by one of the following methods:
Web site: https://www.regulations.gov. Follow the online
instructions for submitting comments.
E-mail: Send your comments via electronic mail to a-and-r-
docket@epa.gov, Attention Docket ID No. EPA-HQ-OAR-2003-0156.
Facsimile: Fax your comments to (202) 566-1741, Attention Docket ID
No. EPA-HQ-OAR-2003-0156.
Mail: Send your comments to: EPA Docket Center (EPA/DC), EPA,
Mailcode 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460,
Attention Docket ID No. EPA-HQ-OAR-2003-0156.
Hand Delivery: Deliver your comments to: EPA Docket Center (EPA/
DC), EPA West Building, Room B108, 1301 Constitution Ave., NW.,
Washington, DC, 20460, Attention Docket ID No. EPA-HQ-OAR-2003-0156.
Such deliveries are accepted only during the normal hours of operation
(8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays), and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0156. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://
www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA
[[Page 36727]]
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.
Public Hearing: If a public hearing is held, it will be held at
EPA's Campus located at 109 T.W. Alexander Drive in Research Triangle
Park, NC, or an alternate site nearby. Persons interested in presenting
oral testimony must contact Dorothy Apple at (919) 541-4487 at least 7
days in advance of the hearing. If no one contacts Dorothy Apple in
advance of the hearing with a request to present oral testimony at the
hearing, we will cancel the hearing. The public hearing will provide
interested parties the opportunity to present data, views, or arguments
concerning the reconsideration. The record for this action will remain
open for 30 days after the date of the hearing to accommodate submittal
of information related to the public hearing.
Docket: All documents in the docket are listed in the https://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., 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 at https://
www.regulations.gov or in hard copy at the EPA Docket Center (EPA/DC),
EPA West Building, 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
EPA Docket Center is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: Ms. Martha Smith, Natural Resources
and Commerce Group, Sector Policies and Programs Division (E143-03),
U.S. EPA, Research Triangle Park, North Carolina 27711, (919) 541-2421,
e-mail smith.martha@epa.gov. For questions about the public hearing,
contact Dorothy Apple at (919) 541-4487.
SUPPLEMENTARY INFORMATION: Organization of This Document. The following
outline is provided to aid in locating information in this preamble.
I. General Information
A. Does the reconsideration notice apply to me?
B. How do I obtain a copy of this document and other related
information?
II. Background Information
III. Actions We Are Taking
IV. Discussion of Issue for Reconsideration
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution or Use
I. National Technology Transfer Advancement Act
I. General Information
A. Does the reconsideration notice apply to me?
Regulated Entities. This reconsideration proceeding potentially
affects sewage sludge incinerators. Although there is not a specific
North American Industrial Classification System (NAICS) code for sewage
sludge incinerators, these units may be operated by municipalities or
other entities and the following NAICS codes apply: Non-hazardous
incinerators (NAICS 562213); sludge disposal sites (NAICS 562212); and
sewage treatment facilities (NAICS 221320). The categories and entities
regulated by the final OSWI rules are very small municipal waste
combustion (VSMWC) units and institutional waste incineration (IWI)
units. The final OSWI emission guidelines and new source performance
standards (NSPS) affect the following categories of sources:
------------------------------------------------------------------------
Examples of potentially
Category NAICS code regulated entities
------------------------------------------------------------------------
Any State, local, or Tribal 562213, Solid waste combustion
government using a VSMWC unit as 92411 units burning municipal
defined in the regulations. waste collected from
the general public and
from residential,
commercial,
institutional, and
industrial sources.
Institutions using an IWI unit as 922, 6111, Correctional
defined in the regulations. 623, 7121 institutions, primary
and secondary schools,
camps and national
parks.
Any Federal government agency 928 Department of Defense
using an OSWI unit as defined in (labs, military bases,
the regulations. munition facilities).
Any college or university using 6113, 6112 Universities, colleges
an OSWI unit as defined in the and community colleges.
regulations.
Any church or convent using an 8131 Churches and convents.
OSWI unit as defined in the
regulations.
Any civic or religious 8134 Civic associations and
organization using an OSWI unit fraternal associations.
as defined in the regulations.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities that were regulated by the final
OSWI rules.
B. How do I obtain a copy of this document and other related
information?
Docket. The docket number for this action and the final OSWI new
source performance standards (NSPS) (40 CFR part 60, subpart EEEE) and
emission guidelines (40 CFR part 60, subpart FFFF) is Docket ID No.
EPA-HQ-OAR-2003-0156.
Worldwide Web (WWW). In addition to being available in the docket,
electronic copies of the final rule and the notice of reconsideration
are available on the WWW through the Technology Transfer Network Web
site (TTN). Following signature, EPA posted a copy of the final rule on
the TTN's policy and guidance page for newly proposed or promulgated
rules at https://www.epa.gov/ttn/oarpg. The TTN provides information and
technology exchange in various areas of air pollution control.
II. Background Information
Section 129 of the Clean Air Act (CAA), entitled ``Solid Waste
Combustion,'' requires EPA to develop and adopt NSPS and emission
guidelines for solid waste incineration units pursuant to CAA section
111. Section 111(b) of the CAA requires EPA to establish NSPS for new
sources, and
[[Page 36728]]
CAA section 111(d) requires EPA to establish procedures for States to
submit plans for implementing emission guidelines for existing sources.
Congress specifically added section 129 to the CAA to address concerns
about emissions from solid waste combustion units. Section 129(a)(1) of
the CAA identifies five categories of solid waste incineration units:
(1) Units with a capacity of greater than 250 tons per day (tpd)
combusting municipal waste;
(2) Units with a capacity equal to or less than 250 tpd combusting
municipal waste;
(3) Units combusting hospital, medical and infectious waste;
(4) Units combusting commercial or industrial waste; and
(5) Unspecified--other categories of solid waste incineration
units.
EPA previously developed regulations for each of the listed
categories of solid waste incineration units except for the undefined
``other categories of solid waste incineration units.'' On December 9,
2004 (69 FR 71472), EPA proposed NSPS and emission guidelines for OSWI
units. EPA received and considered public comments and promulgated
final regulations for OSWI units on December 16, 2005.
Following the promulgation of the final OSWI rule, EPA received a
petition for reconsideration from the Sierra Club. The purpose of this
notice is to initiate a process for responding to one issue raised in
the petition.
III. Actions We Are Taking
Today, we are granting reconsideration of and requesting comment on
the sewage sludge incinerator issue, an issue raised in the petition
for reconsideration. Generally, the Sierra Club contends that sewage
sludge incinerators should be regulated as a type of OSWI under CAA
section 129. Petitioner notes that the notice of proposal of the OSWI
rule did not mention sewage sludge incinerators, and claims that there
was no opportunity to comment on EPA's decision not to regulate sewage
sludge incinerators under OSWI. Moreover, they argue that EPA's
rationale was advanced for the first time in the final rule and
supporting documents.
EPA acknowledges that the OSWI proposal notice (69 FR 71472,
December 9, 2004) did not specifically mention or request comment on
whether sewage sludge incinerators should be regulated under the OSWI
rules. EPA did publish notices on April 24, 2000, (65 FR 23459-01) and
June 26, 2002, (67 FR 43113) in which EPA indicated that we had decided
not to regulate sewage sludge incinerators as a category under CAA
section 129 and listing it as an area source category to be regulated
under CAA section 112(c)(3) and 112(k)(3). These notices; however, did
not request public comment on whether sewage sludge incinerators should
be regulated under section 129 or section 112. We have decided to grant
reconsideration of this issue in the interest of ensuring full
opportunity for comment. The issue is described in further detail
below.
Our final decision on reconsideration for all the other issues
raised by petitioners, and for which we are not granting
reconsideration today, will be issued no later than the date by which
we take final action on the sewage sludge incinerator issue discussed
in this notice. We are requesting public comment only on the sewage
sludge incinerator issue identified in this notice. We will not respond
to any comments addressing other aspects of the OSWI rule or any
related rulemakings.
IV. Discussion of Issue for Reconsideration
EPA acknowledges that earlier notices indicated that sewage sludge
incinerators would be considered OSWI units (62 FR 1868, January 14,
1997; 63 FR 66087, December 1, 1998). However, as we discussed in the
preamble to the final OSWI rules and the response to comment document,
later notices conveyed the fact we intended to regulate sewage sludge
incinerators under section 112 of the CAA, not under section 129. As
early as April 2000, EPA indicated that it no longer intended to
regulate sewage sludge incinerators under CAA section 129:
The Agency has decided not to regulate sewage sludge
incinerators as a category under section 129 of the Clean Air Act. *
* * The Agency believes that sewage sludge generated by publicly-
owned treatment works (POTWs) and combusted in SSI is ``solid
waste.'' However, this sludge is from a municipal source, and not
from ``commercial or industrial establishments or the general
public.'' Therefore, SSIs that combust this sludge are not ``solid
waste incineration units'' and section 129 does not apply to them.
Virtually all of the SSIs that would be candidates for regulation
combust sludge from POTWs and, thus are not covered under section
129.
Unified Agenda, (65 FR 23459-01, April 24, 2000).
EPA's intent to regulate these sources under CAA section 112 was
also made clear when sewage sludge incinerators were included as an
additional area source category listed pursuant to CAA sections
112(c)(3) and 112(k)(3)(B)(ii) (67 FR 43113, June 26, 2002). In
addition, in previous regulatory activities, EPA was unable to identify
any sewage sludge incinerators that were major sources (see 67 FR 6521,
February 12, 2002). As discussed fully in the preamble to the final
OSWI rules and the supporting response to comment document, the
language of CAA section 129(h) makes clear the Congressional intent for
CAA regulations under section 129 or section 112 to be mutually
exclusive. Accordingly, source categories regulated by CAA section 112
may not also be subject to a CAA section 129 regulation.
However, we acknowledge that neither the April 2000 nor the June
2002 notice was a final regulatory action, and that no opportunity for
public comment was available following either publication. Furthermore,
as we did not discuss our intent to regulate sewage sludge incinerators
under CAA section 112 in the proposed OSWI rules notice, we accept that
we have not offered opportunity for comment on this issue. Therefore,
we are granting reconsideration of, and requesting comment on, the
issue of excluding sewage sludge incinerators from regulation under CAA
section 129 under the OSWI rules.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and;
therefore, subject to review by OMB and the requirements of the
Executive Order. The Executive Order defines ``significant regulatory
action'' as one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or Tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that this notice of reconsideration is not a
``significant regulatory action'' under the terms of
[[Page 36729]]
Executive Order 12866 and is therefore not subject to OMB review.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
We are not proposing any new paperwork as part of today's notice. With
this action, we are seeking public comments on an issue raised in a
petition for reconsideration of the OSWI rule. The Office of Management
and Budget has previously approved the information collection
requirements contained in the existing regulations (40 CFR part 60,
subparts EEEE and FFFF) under the provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. and has assigned OMB control number 2060-
0563 and EPA ICR No. 2163.02 for subpart EEEE, and OMB control number
2060-0562 and EPA ICR No. 2164.02 for subpart FFFF. A copy of the OMB
approved Information Collection Requests (ICR), may be obtained from
Susan Auby, Collection Strategies Division, U.S. EPA (2822T), 1200
Pennsylvania Avenue, NW., Washington, DC 20460, by e-mail at
auby.susan@epa.gov, or by calling (202) 566-1672.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedure
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
For purposes of assessing the impacts of the final rules on small
entities, small entity is defined as follows:
1. A small business that is an ultimate parent entity in the
regulated industry that has a gross annual revenue less than $6.0
million (this varies by industry category, ranging up to $10.5 million
for North American Industrial Classification System (NAICS) code 562213
(very small municipal waste combustors)), based on Small Business
Administration's size standards;
2. A small governmental jurisdiction that is a government of a
city, county, town, school district or special district with a
population of less than 50,000; or
3. A small organization that is any not-for-profit enterprise that
is independently owned and operated and is not dominant in its field.
After considering the economic impact of today's notice of
reconsideration on small entities, I certify that this action will not
have a significant economic impact on a substantial number of small
entities. This action does not propose any changes to the final OSWI
rule and will not impose any requirements on small entities. EPA has
determined that it is not necessary to prepare a regulatory flexibility
analysis in connection with this reconsideration notice.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act (UMRA) of 1995, Public
Law 104-4, establishes requirements for Federal Agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and Tribal governments, in
the aggregate, or by the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if EPA
publishes with the final rule an explanation why that alternative was
not adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including Tribal
governments, EPA must have developed, under section 203 of the UMRA, a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA's regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
EPA has determined that this notice of reconsideration does not
contain a Federal mandate that may result in expenditures of $100
million or more for State, local, and Tribal governments, in the
aggregate, or the private sector in any one year. We are not proposing
to change the final OSWI rule. Thus, today's notice of reconsideration
is not subject to the requirements of section 202 and 205 of the UMRA.
In addition, EPA has determined that the notice of reconsideration
contains no regulatory requirements that might significantly or
uniquely affect small governments. Therefore, the notice of
reconsideration is not subject to the requirements of section 203 of
the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999), requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have Federalism implications.'' ``Policies that have
Federalism implications'' is defined in the Executive Order to include
regulations that have ``substantial direct effects on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among various levels of
government.''
This notice of reconsideration does not have Federalism
implications. It will 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.
The notice of reconsideration will not impose direct compliance costs
on State or local governments, and will not
[[Page 36730]]
preempt State law. Thus, Executive Order 13132 does not apply to
today's notice of reconsideration.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by Tribal officials in the development of regulatory
policies that have Tribal implications.'' ``Policies that have Tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on relationship between the
Federal Government and the Indian tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
tribes.''
This notice of reconsideration does not have Tribal implications,
as specified in Executive Order 13175. It will not have substantial
direct effects on Tribal governments, 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 in Executive Order 13175. Thus, Executive Order 13175 does
not apply to this notice of reconsideration.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997), applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, EPA must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives EPA considered.
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. This notice of
reconsideration is not subject to Executive Order 13045 because it is
not economically significant, and the original OSWI rules were based on
technology performance and not on health and safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use
This notice of reconsideration is not subject to Executive Order
13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, and Use'' (66 FR 28355, May 22, 2001)
because it is not a significant regulatory action under Executive Order
12866.
I. National Technology Transfer Advancement Act
CAA section 12(d) of the National Technology Transfer and
Advancement Act (NTTAA) of 1995 (Pub. L. 104-113; 15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in their regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, business practices) developed or adopted by one or more
voluntary consensus bodies. The NTTAA directs EPA to provide Congress,
through annual reports to OMB, with explanations when an agency does
not use available and applicable voluntary consensus standards.
This notice of reconsideration does not involve technical
standards. EPA's compliance with section 12(d) of the NTTAA has been
addressed in the preamble of the underlying final OSWI rule. (70 FR
74891, December 16, 2005)
List of Subjects in 40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: June 20, 2006.
Stephen L. Johnson,
Administrator.
[FR Doc. E6-10095 Filed 6-27-06; 8:45 am]
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