Approval and Promulgation of State Plans for Designated Pollutants and Facilities; Rhode Island; Negative Declaration, 17025-17027 [E7-6460]
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Federal Register / Vol. 72, No. 66 / Friday, April 6, 2007 / Rules and Regulations
Guard will give notice to the public via
a Broadcast Notice to Mariners that the
regulation is in effect.
Dated: March 29, 2007.
B.C. Jones,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lake Michigan.
[FR Doc. E7–6424 Filed 4–5–07; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R01–OAR–2007–0136; A–1–FRL–
8295–6]
Approval and Promulgation of State
Plans for Designated Pollutants and
Facilities; Rhode Island; Negative
Declaration
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
cprice-sewell on PROD1PC66 with RULES
AGENCY:
SUMMARY: EPA is approving a Section
111(d) and 129 negative declaration
submitted by the State of Rhode Island
on November 5, 2006. This negative
declaration adequately certifies that
there are no existing ‘‘other solid waste
incineration’’ (OSWI) units located
within the boundaries of the State of
Rhode Island. This action is being taken
in accordance with the Clean Air Act.
DATES: This direct final rule will be
effective June 5, 2007, unless EPA
receives adverse comments by May 7,
2007. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R01–OAR–2007–0136 by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: cohen.ian@epa.gov
3. Fax: (617) 918–0655.
4. Mail: ‘‘Docket Identification
Number EPA–R01–OAR–2007–0136,
Dan Brown, Chief, Air Permits, Toxics,
and Indoor Air Unit, Office of
Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, One
Congress Street, Suite 1100 (mail code
CAP), Boston, MA 02114–2023.
5. Hand Delivery or Courier. Deliver
your comments to: Dan Brown, Chief,
Air Permits, Toxics, and Indoor Air
Unit, Office of Ecosystem Protection,
U.S. Environmental Protection Agency,
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15:40 Apr 05, 2007
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EPA New England Regional Office, One
Congress Street, 11th floor, (CAP),
Boston, MA 02114–2023. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30 excluding legal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R01–OAR–2007–
0136. 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 through https://
www.regulations.gov, or e-mail,
information that you consider to be CBI
or otherwise protected. The https://
www.regulations.gov website 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
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
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 https://
www.regulations.gov or in hard copy at
Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, One
Congress Street, Suite 1100, Boston,
MA. EPA requests that if at all possible,
PO 00000
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17025
you contact the contact listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30
excluding legal holidays.
Ian
D. Cohen, Air Permits, Toxics, and
Indoor Air Programs, U.S.
Environmental Protection Agency, EPA
New England Regional Office, One
Congress Street (CAP), Boston, MA
02114–2023, telephone number (617)
918–1655, fax number (617) 918–0655,
e-mail cohen.ian@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. General Information
How Can I Get Copies of This Document
and Other Related Information?
In addition to the publicly available
docket materials available for inspection
electronically in the Federal Docket
Management System at https://
www.regulations.gov, and the hard copy
available at the Regional Office, which
are identified in the ADDRESSES section
of this Federal Register, copies of the
state submittal are also available for
public inspection during normal
business hours, by appointment at the
State Air Agency: Office of Air
Resources, Department of
Environmental Management, 235
Promenade Street, Providence, RI
02908–5767.
II. Rulemaking Information
Organization of this document. The
following outline is provided to aid in
locating information in this preamble.
A. Background and Purpose
B. When did the Requirements first Become
Known?
C. What is the definition of an OSWI?
D. When did Rhode Island submit its
negative declaration?
A. Background and Purpose
Section 129 of the Clean Air Act
requires EPA to publish rules regulating
emissions from several classes of solid
waste incinerators. Under Section
111(d) of the Clean Air Act, EPA
published regulations at 40 CFR Part 60
Subpart B which require states to
submit plans to control emissions of
specific pollutants from designated
facilities. As federal rules covering each
category of solid waste incinerator are
promulgated, a State must either submit
a plan or accept delegation of a federal
plan. If a state does not have a
designated facility within its
boundaries, the state may submit a
negative declaration in lieu of a control
plan.
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06APR1
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Federal Register / Vol. 72, No. 66 / Friday, April 6, 2007 / Rules and Regulations
B. When did the requirements first
become known?
On December 9, 2004, EPA proposed
emissions guidelines for other solid
waste incinerators (OSWI) units. This
action enabled EPA to list OSWI units
as designated facilities. By proposing
these guidelines, EPA specified
particulate matter, opacity, sulfur
dioxide, hydrogen chloride, oxides of
nitrogen, carbon monoxide, lead,
cadmium, mercury, and dioxins/furans
as designated pollutants. These
guidelines were published as a final rule
on December 16, 2005 (70 FR 74870)
and codified at 40 CFR 60, subpart
EEEE.
C. What is the definition of an OSWI?
Forty CFR 60.2977 defines an OSWI
as either a very small municipal waste
combustion unit or an institutional
waste unit. A very small municipal
waste unit is a unit which combusts less
than 35 tons per day of municipal solid
waste or refuse derived fuel. An
institutional waste unit is a unit which
serves an organization having a
governmental, educational, civic, or
religious purpose. Units which meet
certain criteria are not affected by this
subpart. These criteria are listed in 40
CFR 60.2887.
cprice-sewell on PROD1PC66 with RULES
D. When did Rhode Island submit its
negative declaration?
On November 8, 2006, the Rhode
Island Department of Environmental
Management (RI DEM) submitted a
letter certifying that there are no
existing OSWI units subject to 40 CFR
Part 60 Subpart B. Section 111(d) of the
Clean Air Act and 40 CRF 62.06 says
that when no such designated facilities
exist within a state’s boundaries, the
affected state may submit a letter of
‘‘negative declaration’’ instead of a
control plan. Today’s action amends 40
CFR Part 62 to include this negative
declaration.
III. Final Action
EPA is approving the negative
declaration of air emissions from OSWI
submitted by the State of Rhode Island.
The EPA is publishing this action
without prior proposal because the
Agency views this as a noncontroversial
amendment 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 SIP revision
should relevant adverse comments be
filed. This rule will be effective June 5,
2007 without further notice unless the
Agency receives relevant adverse
comments by May 7, 2007.
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If the EPA receives such comments,
then EPA will publish a notice
withdrawing the final rule and
informing the public that the rule will
not take effect. All public comments
received will then be addressed in a
subsequent final rule based on the
proposed rule. The EPA will not
institute a second comment period on
the proposed rule. All parties interested
in commenting on the proposed rule
should do so at this time. If no such
comments are received, the public is
advised that this rule will be effective
on June 5, 2007 and no further action
will be taken on the proposed rule.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
IV. 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,
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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), because it 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 approves a state action
implementing a federal standard.
In reviewing Section 111(d)
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 action for failure to use VCS. It
would thus be inconsistent with
applicable law for EPA, when it reviews
a state plan, to use VCS in place of a
state plan 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. section 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. section 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 June 5, 2007.
Interested parties should comment in
response to the proposed rule rather
than petition for judicial review, unless
E:\FR\FM\06APR1.SGM
06APR1
Federal Register / Vol. 72, No. 66 / Friday, April 6, 2007 / Rules and Regulations
the objection arises after the comment
period allowed for in the proposal.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 62
Environmental protection,
Administrative practices and
procedures, Air pollution control,
Intergovernmental relations, Reporting
and recordkeeping requirements, Solid
Waste Incinerators, Waste treatment and
disposal.
Dated: March 27, 2007.
Robert W. Varney,
Regional Administrator, EPA New England.
I
40 CFR part 62 is amended as follows:
PART 62—[AMENDED]
1. The authority citation for part 62
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart OO—Rhode Island
2. Subpart OO is amended by adding
a new § 62.9995 and a new
undesignated center heading to read as
follows:
I
Air Emissions From Existing Other
Solid Waste Incineration Units
§ 62. 9995 Identification of Plan-Negative
Declaration.
On November 5, 2006, the Rhode
Island Department of Environmental
Management submitted a letter
certifying that there are no existing
other solid waste incineration units in
the state subject to the emission
guidelines under part 60, subpart EEEE
of this chapter.
[FR Doc. E7–6460 Filed 4–5–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 261
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[EPA–R05–RCRA–2007–0213; SW–FRL–
8294–8]
Hazardous Waste Management
System; Identification and Listing of
Hazardous Waste Final Exclusion
Environmental Protection
Agency (EPA).
AGENCY:
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ACTION:
Final rule.
SUMMARY: The EPA (also, ‘‘the Agency’’
or ‘‘we’’ in this preamble) is granting a
petition to exclude (or ‘‘delist’’)
wastewater treatment plant sludges from
conversion coating on aluminum
generated by AutoAlliance
International, Inc. (AAI), a Ford/Mazda
joint venture company in Flat Rock,
Michigan, from the list of hazardous
wastes.
Today’s action conditionally excludes
the petitioned waste from the
requirements of hazardous waste
regulations under the Resource
Conservation and Recovery Act (RCRA)
when disposed of in a lined Subtitle D
landfill which is permitted, licensed, or
registered by a State to manage
industrial solid waste. The exclusion
was proposed on March 7, 2002 as part
of an expedited process to evaluate this
waste under a pilot project developed
with the Michigan Department of
Environmental Quality (MDEQ). The
rule also imposes testing conditions for
waste generated in the future to ensure
that this waste continues to qualify for
delisting.
DATES: This rule is effective on April 6,
2007.
ADDRESSES: EPA has established an
electronic docket for this action under
Docket ID No. EPA–R05–RCRA–2007–
0213. The electronic docket contains all
relevant documents created after this
action was proposed as well as a
selection of pertinent documents from
the original paper docket for the
proposed rule, Docket ID No. R5–
MIECOS–01. Certain other material,
such as copyrighted material, is not
placed on the Internet and will be
publicly available only in hard copy
form. All documents in the electronic
docket are listed on the https://
www.regulations.gov Web site. Publicly
available materials from Docket ID No.
EPA–R05–RCRA–2007–0213 are
available either electronically through
https://www.regulations.gov or in hard
copy. Materials from the original paper
docket, Docket ID No. R5–MIECOS–01,
are also available in hard copy. You can
view and copy materials from both
dockets at the Records Center, 7th floor,
U.S. EPA Region 5, 77 West Jackson
Blvd., Chicago, Illinois 60604. This
facility is open from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. We recommend you telephone
Todd Ramaly at (312) 353–9317 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Todd Ramaly, Waste, Pesticides, and
Toxics Division, (Mail Code: DU–7J),
EPA Region 5, 77 W. Jackson Blvd.,
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17027
Chicago, IL 60604; telephone number:
(312) 353–9317; fax number: (312) 353–
4788; e-mail address:
ramaly.todd@epa.gov.
The
information in this section is organized
as follows:
SUPPLEMENTARY INFORMATION:
I. Background
A. What is a delisting petition?
B. What regulations allow a waste to be
delisted?
C. What waste did AAI petition to delist?
II. The Expedited Process for Delisting
A. Why was the expedited process
developed for this waste?
B. What is the expedited process to delist
F019?
III. EPA’s Evaluation of This Petition
A. What information was submitted in
support of this petition?
B. How did EPA evaluate the information
submitted?
IV. Public Comments Received on the
Proposed Exclusion
A. Who submitted comments on the
proposed rule?
B. Comments received and responses from
EPA
V. Final Rule Granting This Petition
A. What decision is EPA finalizing?
B. What are the terms of this exclusion?
C. When is the delisting effective?
D. How does this action affect the states?
VI. Statutory and Executive Order Reviews
I. Background
A. What is a delisting petition?
A delisting petition is a request from
a generator to exclude waste from the
list of hazardous wastes under RCRA
regulations. In a delisting petition, the
petitioner must show that waste
generated at a particular facility does
not meet any of the criteria for which
EPA listed the waste as set forth in Title
40 Code of Federal Regulations (40 CFR)
261.11 and the background document
for the waste. In addition, a petitioner
must demonstrate that the waste does
not exhibit any of the hazardous waste
characteristics (that is, ignitability,
reactivity, corrosivity, and toxicity) and
must present sufficient information for
us to decide whether factors other than
those for which the waste was listed
warrant retaining it as a hazardous
waste. See 40 CFR 260.22, 42 United
States Code (U.S.C.) 6921(f) and the
background documents for a listed
waste.
Generators remain obligated under
RCRA to confirm that their waste
remains nonhazardous based on the
hazardous waste characteristics even if
EPA has ‘‘delisted’’ the wastes and to
ensure that future generated wastes
meet the conditions set.
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]]>Agencies
[Federal Register Volume 72, Number 66 (Friday, April 6, 2007)]
[Rules and Regulations]
[Pages 17025-17027]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6460]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R01-OAR-2007-0136; A-1-FRL-8295-6]
Approval and Promulgation of State Plans for Designated
Pollutants and Facilities; Rhode Island; Negative Declaration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving a Section 111(d) and 129 negative declaration
submitted by the State of Rhode Island on November 5, 2006. This
negative declaration adequately certifies that there are no existing
``other solid waste incineration'' (OSWI) units located within the
boundaries of the State of Rhode Island. This action is being taken in
accordance with the Clean Air Act.
DATES: This direct final rule will be effective June 5, 2007, unless
EPA receives adverse comments by May 7, 2007. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2007-0136 by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: cohen.ian@epa.gov
3. Fax: (617) 918-0655.
4. Mail: ``Docket Identification Number EPA-R01-OAR-2007-0136, Dan
Brown, Chief, Air Permits, Toxics, and Indoor Air Unit, Office of
Ecosystem Protection, U.S. Environmental Protection Agency, EPA New
England Regional Office, One Congress Street, Suite 1100 (mail code
CAP), Boston, MA 02114-2023.
5. Hand Delivery or Courier. Deliver your comments to: Dan Brown,
Chief, Air Permits, Toxics, and Indoor Air Unit, Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, 11th floor, (CAP), Boston, MA
02114-2023. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30 excluding
legal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2007-0136. 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 through https://
www.regulations.gov, or e-mail, information that you consider to be CBI
or otherwise protected. The https://www.regulations.gov website 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 cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the electronic docket are listed in the
https://www.regulations.gov index. 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 https://
www.regulations.gov or in hard copy at Office of Ecosystem Protection,
U.S. Environmental Protection Agency, EPA New England Regional Office,
One Congress Street, Suite 1100, Boston, MA. EPA requests that if at
all possible, you contact the contact listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30 excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Ian D. Cohen, Air Permits, Toxics, and
Indoor Air Programs, U.S. Environmental Protection Agency, EPA New
England Regional Office, One Congress Street (CAP), Boston, MA 02114-
2023, telephone number (617) 918-1655, fax number (617) 918-0655, e-
mail cohen.ian@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
How Can I Get Copies of This Document and Other Related Information?
In addition to the publicly available docket materials available
for inspection electronically in the Federal Docket Management System
at https://www.regulations.gov, and the hard copy available at the
Regional Office, which are identified in the ADDRESSES section of this
Federal Register, copies of the state submittal are also available for
public inspection during normal business hours, by appointment at the
State Air Agency: Office of Air Resources, Department of Environmental
Management, 235 Promenade Street, Providence, RI 02908-5767.
II. Rulemaking Information
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
A. Background and Purpose
B. When did the Requirements first Become Known?
C. What is the definition of an OSWI?
D. When did Rhode Island submit its negative declaration?
A. Background and Purpose
Section 129 of the Clean Air Act requires EPA to publish rules
regulating emissions from several classes of solid waste incinerators.
Under Section 111(d) of the Clean Air Act, EPA published regulations at
40 CFR Part 60 Subpart B which require states to submit plans to
control emissions of specific pollutants from designated facilities. As
federal rules covering each category of solid waste incinerator are
promulgated, a State must either submit a plan or accept delegation of
a federal plan. If a state does not have a designated facility within
its boundaries, the state may submit a negative declaration in lieu of
a control plan.
[[Page 17026]]
B. When did the requirements first become known?
On December 9, 2004, EPA proposed emissions guidelines for other
solid waste incinerators (OSWI) units. This action enabled EPA to list
OSWI units as designated facilities. By proposing these guidelines, EPA
specified particulate matter, opacity, sulfur dioxide, hydrogen
chloride, oxides of nitrogen, carbon monoxide, lead, cadmium, mercury,
and dioxins/furans as designated pollutants. These guidelines were
published as a final rule on December 16, 2005 (70 FR 74870) and
codified at 40 CFR 60, subpart EEEE.
C. What is the definition of an OSWI?
Forty CFR 60.2977 defines an OSWI as either a very small municipal
waste combustion unit or an institutional waste unit. A very small
municipal waste unit is a unit which combusts less than 35 tons per day
of municipal solid waste or refuse derived fuel. An institutional waste
unit is a unit which serves an organization having a governmental,
educational, civic, or religious purpose. Units which meet certain
criteria are not affected by this subpart. These criteria are listed in
40 CFR 60.2887.
D. When did Rhode Island submit its negative declaration?
On November 8, 2006, the Rhode Island Department of Environmental
Management (RI DEM) submitted a letter certifying that there are no
existing OSWI units subject to 40 CFR Part 60 Subpart B. Section 111(d)
of the Clean Air Act and 40 CRF 62.06 says that when no such designated
facilities exist within a state's boundaries, the affected state may
submit a letter of ``negative declaration'' instead of a control plan.
Today's action amends 40 CFR Part 62 to include this negative
declaration.
III. Final Action
EPA is approving the negative declaration of air emissions from
OSWI submitted by the State of Rhode Island.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment 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 SIP revision should
relevant adverse comments be filed. This rule will be effective June 5,
2007 without further notice unless the Agency receives relevant adverse
comments by May 7, 2007.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on the proposed rule. All parties
interested in commenting on the proposed rule should do so at this
time. If no such comments are received, the public is advised that this
rule will be effective on June 5, 2007 and no further action will be
taken on the proposed rule. Please note that if EPA receives adverse
comment on an amendment, paragraph, or section of this rule and if that
provision may be severed from the remainder of the rule, EPA may adopt
as final those provisions of the rule that are not the subject of an
adverse comment.
IV. 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), because it 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 approves a state
action implementing a federal standard.
In reviewing Section 111(d) 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 action for failure to use VCS. It would
thus be inconsistent with applicable law for EPA, when it reviews a
state plan, to use VCS in place of a state plan 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. section 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.
section 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 June 5, 2007. Interested
parties should comment in response to the proposed rule rather than
petition for judicial review, unless
[[Page 17027]]
the objection arises after the comment period allowed for in the
proposal. Filing a petition for reconsideration by the Administrator of
this final rule does not affect the finality of this rule for the
purposes of judicial review nor does it extend the time within which a
petition for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practices and procedures,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements, Solid Waste Incinerators, Waste treatment
and disposal.
Dated: March 27, 2007.
Robert W. Varney,
Regional Administrator, EPA New England.
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 OO--Rhode Island
0
2. Subpart OO is amended by adding a new Sec. 62.9995 and a new
undesignated center heading to read as follows:
Air Emissions From Existing Other Solid Waste Incineration Units
Sec. 62. 9995 Identification of Plan-Negative Declaration.
On November 5, 2006, the Rhode Island Department of Environmental
Management submitted a letter certifying that there are no existing
other solid waste incineration units in the state subject to the
emission guidelines under part 60, subpart EEEE of this chapter.
[FR Doc. E7-6460 Filed 4-5-07; 8:45 am]
BILLING CODE 6560-50-P
