Approval and Promulgation of State Plans for Designated Facilities and Pollutants: Florida; Jefferson County, KY; Forsyth, Mecklenburg, and Buncombe Counties, NC; and SC, 22822-22825 [2011-9844]
Download as PDF
<![CDATA[
22822
Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R04–OAR–2010–0840(a); FRL–9298–
9]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants: Florida; Jefferson County,
KY; Forsyth, Mecklenburg, and
Buncombe Counties, NC; and SC
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is notifying the public
that it has received negative
declarations for Other Solid Waste
Incinerator (OSWI) units from the State
of Florida; Large Municipal Waste
Combustor (LMWC), Small Municipal
Waste Combustor (SMWC), and OSWI
units from Jefferson County, Kentucky;
LMWC, SMWC, and OSWI units from
Forsyth County, North Carolina; LMWC,
SMWC, and OSWI units from
Mecklenburg County, North Carolina;
LMWC, SMWC, Hospital/Medical/
Infectious Waste Incinerator (HMIWI),
and OSWI units from Buncombe
County, North Carolina; and LMWC and
HMIWI units from the State of South
Carolina. These negative declarations
certify that LMWC, SMWC, HMIWI, and
OSWI units, as indicated above, subject
to the requirements of Sections 111(d)
and 129 of the Clean Air Act (CAA), do
not exist in areas covered by the
following air pollution control
programs: Florida Department of
Environmental Protection; Louisville,
Kentucky, Air Pollution Control District;
Forsyth County Environmental Affairs
Department; Mecklenburg County Land
Use and Environmental Services
Agency; Western North Carolina
Regional Air Quality Agency; and South
Carolina Department of Health and
Environmental Control.
DATES: This direct final rule is effective
June 24, 2011 without further notice,
unless EPA receives adverse comment
by May 25, 2011. If EPA receives such
comments, it will publish a timely
withdrawal of the direct final rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R04–OAR–2010–0840 by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: garver.daniel@epa.gov.
3. Fax: (404) 562–9095.
jdjones on DSKHWCL6B1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:47 Apr 22, 2011
Jkt 223001
4. Mail: EPA–R04 OAR–2010–0840,
Daniel Garver, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303.
5. Hand Delivery or Courier: Mr.
Daniel Garver, Air Toxics Assessment
and Implementation Section, Air Toxics
and Monitoring Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. 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 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID Number EPA–R04–OAR–
2010–0840. 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
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. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
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.
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
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
www.regulations.gov or in hard copy at
the Air Toxics Assessment and
Implementation Section, Air Toxics and
Monitoring Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person 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 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Daniel Garver, Air Toxics Assessment
and Implementation Section, Air Toxics
and Monitoring Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9839.
Mr. Garver can also be reached via
electronic mail at
garver.daniel@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
Sections 111(d) and 129 of the CAA
require submittal of plans to control
certain pollutants (designated
pollutants) at existing solid waste
combustion facilities (designated
facilities) whenever standards of
performance have been established
under section 111(d) for new sources of
the same type, and EPA has established
emission guidelines for such existing
sources. A designated pollutant is any
pollutant for which no air quality
criteria have been issued, and which is
not included on a list published under
section 108(a) or section 112(b)(1)(A) of
the CAA, but emissions of which are
subject to a standard of performance for
new stationary sources.
Standards of performance for new
LMWC units and emission guidelines
for all existing LMWC units (designated
facilities) constructed on or before
September 20, 1994, have been
established by EPA. The emission
E:\FR\FM\25APR1.SGM
25APR1
jdjones on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations
guidelines were promulgated on
December 19, 1995 (60 FR 65415), and
amended most recently on May 10, 2006
(71 FR 27324). The emission guidelines
are codified at 40 CFR part 60, subpart
Cb.
Standards of performance for new
SMWC units and emission guidelines
for all existing SMWC units (designated
facilities) constructed on or before
August 30, 1999, have been established
by EPA. The emission guidelines were
promulgated on December 6, 2000 (65
FR 76384). The emission guidelines are
codified at 40 CFR part 60, subpart
BBBB.
Standards of performance for new
HMIWI units and emission guidelines
for all existing HMIWI units (designated
facilities) constructed on or before June
20, 1996, have been established by EPA.
The emission guidelines were
promulgated on September 15, 1997 (62
FR 48348), and amended most recently
on October 6, 2009 (74 FR 51366). The
emission guidelines are codified at 40
CFR part 60, subpart Ce.
Standards of performance for new
OSWI units and emission guidelines for
all existing OSWI units (designated
facilities) constructed on or before
December 9, 2004, have been
established by EPA. The emission
guidelines were promulgated on
December 16, 2005 (70 FR 74870), and
amended most recently on January 22,
2007 (72 FR 2620). The emission
guidelines are codified at 40 CFR part
60, subpart FFFF.
Federal regulations found in subpart
B of 40 CFR part 60 establish procedures
to be followed and requirements to be
met in the development and submission
of state plans for controlling designated
pollutants at designated facilities.
Federal regulations found in subpart A
of 40 CFR part 62 provide the
procedural framework for the
submission of these plans. When
designated facilities are located under
the jurisdiction of a state, or local
agency, the state or local agency must
then develop and submit a plan for their
respective jurisdiction for the control of
the designated pollutants. However, the
federal regulations found at 40 CFR
62.06 provide that if there are no
existing sources of the designated
pollutants within the state or local
agency jurisdiction, the state or local
agency may submit a letter of
certification to that effect, or negative
declaration, in lieu of a plan. The
negative declaration exempts the state
or local agency from the requirements to
submit a plan for that designated
pollutant.
VerDate Mar<15>2010
15:12 Apr 22, 2011
Jkt 223001
II. Final Action
EPA has received several negative
declaration letters for Sections 111(d)
and 129 source categories from state and
local air pollution agencies. The Florida
Department of Environmental Protection
has determined that there are no
existing OSWI units in its jurisdiction.
The Louisville, Kentucky, Air Pollution
Control District has determined that
there are no existing LMWC, SMWC or
OSWI units within its jurisdiction,
Jefferson County, Kentucky. The South
Carolina Department of Health and
Environmental Control has determined
that there are no existing LMWC or
HMIWI units within its jurisdiction. The
Forsyth County Environmental Affairs
Department has determined that there
are no existing LMWC, SMWC or OSWI
units within its jurisdiction, Forsyth
County, North Carolina. The
Mecklenburg County Land Use and
Environmental Services Agency has
determined that there are no existing
LMWC, SMWC or OSWI units within its
jurisdiction, Mecklenburg County,
North Carolina. The Western North
Carolina Regional Air Quality Agency
has determined that there are no
existing LMWC, SMWC, HMIWI or
OSWI units within its jurisdiction,
Buncombe County, North Carolina.
Pursuant to 40 CFR part 60, EPA is
providing the public with notice of
these negative declarations. Notice of
these negative declarations will appear
at 40 CFR part 62.
III. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a 111(d)/129 plan
submission that complies with the
provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing
111(d)/129 plan submissions, EPA’s role
is to approve state choices, provided
that they meet the criteria of the CAA.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
22823
under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the 111(d)/
129 plan is not approved to apply in
Indian country located in the state, and
EPA notes that it will not impose
substantial direct costs on tribal
governments or preempt tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 24, 2011. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
E:\FR\FM\25APR1.SGM
25APR1
22824
Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations
60, subpart Cb in their respective
jurisdictions.
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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
Combustor units subject to 40 CFR part
60, subpart Cb in its jurisdiction.
■ 4. Section 62.4371 is amended by
designating the existing text as
paragraph (a) and by adding paragraph
(b) to read as follows:
■
§ 62.4371 Identification of plan—negative
declaration.
Air Emissions From Existing Small
Municipal Waste Combustors
(SMWC)—Section 111(d)/129 Plan
List of Subjects in 40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements.
Air Emissions From Existing Other
Solid Waste Incinerators (OSWI)—
Section 111(d)/129 Plan
Dated: January 13, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 62 is amended as follows:
PART 62—[AMENDED]
§ 62.8356 Identification of plan—negative
declaration.
2. Add a new undesignated center
heading to subpart K and a new
§ 62.2400 to read as follows:
■
*
Air Emissions From Existing Other
Solid Waste Incinerators (OSWI)—
Section 111(d)/129 Plan
§ 62.2400 Identification of plan—negative
declaration.
Letter from Florida Department of
Environmental Protection submitted on
January 18, 2007, certifying that there
are no Other Solid Waste Incinerator
units subject to 40 CFR part 60, subpart
FFFF in its jurisdiction.
Subpart S—Kentucky
3. Section 62.4370 is amended by
designating the existing text as
paragraph (a) and adding by paragraph
(b) to read as follows:
jdjones on DSKHWCL6B1PROD with RULES
■
§ 62.4370 Identification of plan—negative
declaration.
*
*
*
*
(b) Letter from Louisville, Kentucky,
Air Pollution Control District submitted
on February 11, 2010, certifying that
there are no Large Municipal Waste
Jkt 223001
Letter from Louisville, Kentucky, Air
Pollution Control District submitted on
February 11, 2010, certifying that there
are no Other Solid Waste Incinerator
units subject to 40 CFR part 60, subpart
FFFF in its jurisdiction.
6. Section 62.8356 is amended by
designating the existing text as
paragraph (a) and by adding paragraph
(b) to read as follows:
Subpart K—Florida
15:12 Apr 22, 2011
§ 62.4375 Identification of plan—negative
declaration.
■
Authority: 42 U.S.C. 7401 et seq.
VerDate Mar<15>2010
*
*
*
*
(b) Letter from Louisville, Kentucky,
Air Pollution Control District submitted
on February 11, 2010, certifying that
there are no Small Municipal Waste
Combustion units subject to 40 CFR part
60, subpart BBBB in its jurisdiction.
■ 5. Add a new undesignated center
heading to subpart S and a new
§ 62.4375 to read as follows:
Subpart II—North Carolina
1. The authority citation for part 62
continues to read as follows:
■
*
*
*
*
*
*
(b) Letter from Western North
Carolina Regional Air Quality Agency
submitted on October 5, 2007, certifying
that there are no Hospital/Medical/
Infectious Waste Incinerator units
subject to 40 CFR part 60, subpart Ce in
its jurisdiction.
■ 7. Add a new undesignated center
heading to subpart II and a new
§ 62.8357 to read as follows:
Air Emissions From Existing Large
Municipal Waste Combustors
(LMWC)—Section 111(d)/129 Plan
§ 62.8357 Identification of plan—negative
declaration.
Letters from Forsyth County
Environmental Affairs Department,
Mecklenburg County Land Use and
Environmental Services Agency, and
Western North Carolina Regional Air
Quality Agency submitted on February
17, 2010, August 19, 2009, and October
5, 2007, respectively, certifying that
there are no Large Municipal Waste
Combustor units subject to 40 CFR part
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
8. Add a new undesignated center
heading to subpart II and a new
§ 62.8359 to read as follows:
§ 62.8359 Identification of plan—negative
declaration.
Letters from Forsyth County
Environmental Affairs Department,
Mecklenburg County Land Use and
Environmental Services Agency, and
Western North Carolina Regional Air
Quality Agency submitted on February
17, 2010, January 22, 2003, and October
5, 2007, respectively, certifying that
there are no Small Municipal Waste
Combustor units subject to 40 CFR part
60, subpart BBBB in their respective
jurisdictions.
9. Add a new undesignated center
heading to subpart II and a new
§ 62.8361 to read as follows:
■
Air Emissions From Existing Other
Solid Waste Incinerators (OSWI)—
Section 111(d)/129 Plan
§ 62.8361 Identification of plan—negative
declaration.
Letters from Forsyth County
Environmental Affairs Department,
Mecklenburg County Land Use and
Environmental Services Agency, and
Western North Carolina Regional Air
Quality Agency submitted on February
17, 2010, August 19, 2009, and October
5, 2007, respectively, certifying that
there are no Other Solid Waste
Incinerator units subject to 40 CFR part
60, subpart FFFF in their respective
jurisdictions.
Subpart PP—South Carolina
10. Revise § 62.10150 to read as
follows:
■
§ 62.10150 Identification of plan—negative
declaration.
Letter from South Carolina
Department of Health and
Environmental Control submitted on
July 8, 2010, certifying that there are no
Large Municipal Waste Combustor units
subject to 40 CFR part 60, subpart Cb in
its jurisdiction.
11. Add a new undesignated center
heading to subpart PP and a new
§ 62.10200 to read as follows:
■
E:\FR\FM\25APR1.SGM
25APR1
Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Rules and Regulations
Air Emissions From Existing Hospital/
Medical/Infectious Waste Incinerators
(HMIWI)—Section 111(d)/129 Plan
§ 62.10200 Identification of plan—negative
declaration.
Letter from South Carolina
Department of Health and
Environmental Control submitted on
December 14, 2009, certifying that there
are no Hospital/Medical/Infectious
Waste Incinerator units subject to 40
CFR part 60, subpart Ce in its
jurisdiction.
[FR Doc. 2011–9844 Filed 4–22–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 98
[EPA–HQ–OAR–2009–0923; FRL–9299–1]
Mandatory Reporting of Greenhouse
Gases: Petroleum and Natural Gas
Systems
Environmental Protection
Agency (EPA).
ACTION: Final rule; Grant of
reconsideration.
AGENCY:
On November 30, 2010 EPA
promulgated Subpart W: Petroleum and
Natural Gas Systems of the Greenhouse
Gas Reporting Rule. As part of the
provisions outlined in this rule, the EPA
stated that the Agency would allow
certain owners or operators to use best
available monitoring methods (BAMM)
in lieu of specified parameters outlined
for calculating greenhouse gas emissions
for the petroleum and natural gas
systems source category of the
greenhouse gas reporting rule. EPA is
giving notice that the Agency has
initiated the reconsideration process in
response to requests for reconsideration
of certain provisions in the regulations.
First, EPA has been asked to reconsider
the requirement to submit requests to
use best available monitoring methods
during the 2011 calendar year by April
30, 2011 and pursuant to its authority
under CAA section 307(d)(7)(B)
consequently is extending the deadline
contained in those provisions until July
31, 2011. Second, EPA has also been
asked to reconsider the time period
during which owners and operators of
certain specific sources could
automatically use BAMM without
having to request approval by the
Administrator. As a result of this second
request, pursuant to its authority under
CAA section 307(d)(7)(B) EPA is also
extending the date by which owners and
operators of certain specific sources
jdjones on DSKHWCL6B1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:12 Apr 22, 2011
Jkt 223001
would not be required to request
approval by the Administrator for the
use of BAMM from June 30, 2011 until
September 30, 2011.
DATES: This rule is effective on April 30,
2011.
FOR FURTHER INFORMATION CONTACT: Ms.
Carole Cook, Climate Change Division,
Office of Atmospheric Programs (MC–
6207J), Environmental Protection
Agency, 1200 Pennsylvania Avenue,
NW, Washington, DC 20460; telephone
number (202) 343–9236; fax (202) 343–
2342; e-mail address:
GHGReportingRule@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background Information
The EPA published Subpart W:
Petroleum and Natural Gas Systems of
the Greenhouse Gas Reporting Rule on
November 30, 2011, 40 CFR Part 98,
Subpart W (75 FR 74458)(Subpart W).
Included in the final rule were new
provisions allowing owners or operators
the option of using best available
monitoring methods for specified
parameters in 40 CFR 98.233. Subpart W
provides that owners or operators
wishing to use BAMM during 2011 for
emissions sources listed in 40 CFR
98.234(f)(4)or 98.234(f)(5)(iv) must
submit BAMM applications by April 30,
2011. In addition, subpart W provides
that owners or operators with emissions
sources listed in 40 CFR 98.234(f)(2) or
40 CFR 98.234(f)(3) have the option of
using BAMM from January 1, 2011 to
June 30, 2011 without submitting a
request to the Administrator for
approval to use BAMM; however to
extend use of BAMM beyond June 30,
2011, those owners or operators must
submit a request to the Administrator by
April 30, 2011.
Following the publication of Subpart
W in the Federal Register, several
industry groups sought reconsideration
of several provisions in the final rule,
including the provisions requiring
submittal of BAMM requests for use or
extension of BAMM in calendar year
2011 by April 30, 2011, and the time
period for which owners or operators of
sources in 40 CFR 98.234(f)(2) or 40 CFR
98.234(f)(3) would not be required to
submit a BAMM request to the
Administrator for approval, i.e., January
1 through June 30, 2011.
By letter dated January 31, 2011, the
American Petroleum Institute (API)
stated that ‘‘[a]ggressive deadlines for
BAMM are problematic for reporters
who are attempting to monitor GHG
emissions for the first time. In
particular, the April 30, 2011 deadline
for BAMM requests does not provide
reporters sufficient time to identify the
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
22825
sources for which BAMM should be
requested and gather the data that EPA
requires be submitted with a BAMM
request.’’ API, along with the Gas
Processors Association (GPA), Interstate
Natural Gas Association of America
(INGAA), Chesapeake Energy
Corporation (CEC)/American
Exploration & Production Council
(AXPC), stated that they would not be
able to complete an initial assessment of
their facilities to determine whether
they would need BAMM by the
deadline of April 30, 2011. Further, a
subset of these petitioners further noted
that the time period for which owners
and operators were granted the optional
use of BAMM without being required to
submit a request to the Administrator
for approval was insufficient for them to
make the necessary assessment of their
facilities to determine compliance with
the rule.
EPA believes that pursuant to CAA
section 307(d)(7)(B) it is appropriate to
extend the deadlines in 40 CFR
98.234(f)(5)(iii)(A), 98.234(f)(5)(iv)(A),
98.234(f)(6)(i), and 98.234(f)(7)(i) by
three months, to allow owners and
operators additional time to assess
which of their facilities would need to
take advantage of the BAMM provisions
of Subpart W for calendar year 2011.
EPA also believes that pursuant to CAA
section 307(d)(7)(B) it is appropriate to
extend the deadlines, by three months,
by which owners and operators of
emission sources listed in 40 CFR
98.234(f)(2) or 40 CFR 98.234(f)(3),
would have the option to use BAMM
without submitting a request for
approval from the Administrator to
allow additional time to asses
applicability of the rule provisions to
their facilities. EPA is taking no action
at this time on other issues raised by
petitioners in their respective Petitions
for Reconsideration and reserves the
right to further consider those issues at
a later time.
Pursuant to Clean Air Act (CAA)
section 307(d)(7)(B), EPA is extending
the deadlines in 40 CFR
98.234(f)(5)(iii)(A), 98.234(f)(5)(iv)(A),
98.234(f)(6)(i), and 98.234(f)(7)(i) for
three months, i.e., until July 31, 2011.
Further, pursuant to CAA section
307(d)(7)(B) EPA is also extending the
deadlines contained in 40 CFR
98.234(f)(2), 40 CFR 98.234(f)(3), 40 CFR
98.234(f)(5)(i), 40 CFR 98.234(f)(5)(ii),
40 CFR 98.234(f)(6), 40 CFR
98.234(f)(6)(ii)(D), 40 CFR
98.234(f)(6)(iii), 40 CFR 98.234(f)(7), and
40 CFR 98.234(f)(7)(iii) for three
months, i.e., until September 30, 2011.
Section 553 of the Administrative
Procedure Act, 5 U.S.C. 553(b)(B),
provides that, when an agency for good
E:\FR\FM\25APR1.SGM
25APR1
]]>Agencies
[Federal Register Volume 76, Number 79 (Monday, April 25, 2011)]
[Rules and Regulations]
[Pages 22822-22825]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9844]
[[Page 22822]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R04-OAR-2010-0840(a); FRL-9298-9]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants: Florida; Jefferson County, KY; Forsyth,
Mecklenburg, and Buncombe Counties, NC; and SC
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is notifying the public that it has received negative
declarations for Other Solid Waste Incinerator (OSWI) units from the
State of Florida; Large Municipal Waste Combustor (LMWC), Small
Municipal Waste Combustor (SMWC), and OSWI units from Jefferson County,
Kentucky; LMWC, SMWC, and OSWI units from Forsyth County, North
Carolina; LMWC, SMWC, and OSWI units from Mecklenburg County, North
Carolina; LMWC, SMWC, Hospital/Medical/Infectious Waste Incinerator
(HMIWI), and OSWI units from Buncombe County, North Carolina; and LMWC
and HMIWI units from the State of South Carolina. These negative
declarations certify that LMWC, SMWC, HMIWI, and OSWI units, as
indicated above, subject to the requirements of Sections 111(d) and 129
of the Clean Air Act (CAA), do not exist in areas covered by the
following air pollution control programs: Florida Department of
Environmental Protection; Louisville, Kentucky, Air Pollution Control
District; Forsyth County Environmental Affairs Department; Mecklenburg
County Land Use and Environmental Services Agency; Western North
Carolina Regional Air Quality Agency; and South Carolina Department of
Health and Environmental Control.
DATES: This direct final rule is effective June 24, 2011 without
further notice, unless EPA receives adverse comment by May 25, 2011. If
EPA receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R04-OAR-2010-0840 by one of the following methods:
1. https://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: garver.daniel@epa.gov.
3. Fax: (404) 562-9095.
4. Mail: EPA-R04 OAR-2010-0840, Daniel Garver, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303.
5. Hand Delivery or Courier: Mr. Daniel Garver, Air Toxics
Assessment and Implementation Section, Air Toxics and Monitoring
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. 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 a.m. to 4:30
p.m., excluding Federal holidays.
Instructions: Direct your comments to Docket ID Number EPA-R04-OAR-
2010-0840. 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 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. For additional information about EPA's public
docket visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm.
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 www.regulations.gov or
in hard copy at the Air Toxics Assessment and Implementation Section,
Air Toxics and Monitoring Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person 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 a.m. to 4:30
p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Daniel Garver, Air Toxics Assessment
and Implementation Section, Air Toxics and Monitoring Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. The telephone number is (404) 562-9839. Mr. Garver can also
be reached via electronic mail at garver.daniel@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
Sections 111(d) and 129 of the CAA require submittal of plans to
control certain pollutants (designated pollutants) at existing solid
waste combustion facilities (designated facilities) whenever standards
of performance have been established under section 111(d) for new
sources of the same type, and EPA has established emission guidelines
for such existing sources. A designated pollutant is any pollutant for
which no air quality criteria have been issued, and which is not
included on a list published under section 108(a) or section
112(b)(1)(A) of the CAA, but emissions of which are subject to a
standard of performance for new stationary sources.
Standards of performance for new LMWC units and emission guidelines
for all existing LMWC units (designated facilities) constructed on or
before September 20, 1994, have been established by EPA. The emission
[[Page 22823]]
guidelines were promulgated on December 19, 1995 (60 FR 65415), and
amended most recently on May 10, 2006 (71 FR 27324). The emission
guidelines are codified at 40 CFR part 60, subpart Cb.
Standards of performance for new SMWC units and emission guidelines
for all existing SMWC units (designated facilities) constructed on or
before August 30, 1999, have been established by EPA. The emission
guidelines were promulgated on December 6, 2000 (65 FR 76384). The
emission guidelines are codified at 40 CFR part 60, subpart BBBB.
Standards of performance for new HMIWI units and emission
guidelines for all existing HMIWI units (designated facilities)
constructed on or before June 20, 1996, have been established by EPA.
The emission guidelines were promulgated on September 15, 1997 (62 FR
48348), and amended most recently on October 6, 2009 (74 FR 51366). The
emission guidelines are codified at 40 CFR part 60, subpart Ce.
Standards of performance for new OSWI units and emission guidelines
for all existing OSWI units (designated facilities) constructed on or
before December 9, 2004, have been established by EPA. The emission
guidelines were promulgated on December 16, 2005 (70 FR 74870), and
amended most recently on January 22, 2007 (72 FR 2620). The emission
guidelines are codified at 40 CFR part 60, subpart FFFF.
Federal regulations found in subpart B of 40 CFR part 60 establish
procedures to be followed and requirements to be met in the development
and submission of state plans for controlling designated pollutants at
designated facilities. Federal regulations found in subpart A of 40 CFR
part 62 provide the procedural framework for the submission of these
plans. When designated facilities are located under the jurisdiction of
a state, or local agency, the state or local agency must then develop
and submit a plan for their respective jurisdiction for the control of
the designated pollutants. However, the federal regulations found at 40
CFR 62.06 provide that if there are no existing sources of the
designated pollutants within the state or local agency jurisdiction,
the state or local agency may submit a letter of certification to that
effect, or negative declaration, in lieu of a plan. The negative
declaration exempts the state or local agency from the requirements to
submit a plan for that designated pollutant.
II. Final Action
EPA has received several negative declaration letters for Sections
111(d) and 129 source categories from state and local air pollution
agencies. The Florida Department of Environmental Protection has
determined that there are no existing OSWI units in its jurisdiction.
The Louisville, Kentucky, Air Pollution Control District has determined
that there are no existing LMWC, SMWC or OSWI units within its
jurisdiction, Jefferson County, Kentucky. The South Carolina Department
of Health and Environmental Control has determined that there are no
existing LMWC or HMIWI units within its jurisdiction. The Forsyth
County Environmental Affairs Department has determined that there are
no existing LMWC, SMWC or OSWI units within its jurisdiction, Forsyth
County, North Carolina. The Mecklenburg County Land Use and
Environmental Services Agency has determined that there are no existing
LMWC, SMWC or OSWI units within its jurisdiction, Mecklenburg County,
North Carolina. The Western North Carolina Regional Air Quality Agency
has determined that there are no existing LMWC, SMWC, HMIWI or OSWI
units within its jurisdiction, Buncombe County, North Carolina.
Pursuant to 40 CFR part 60, EPA is providing the public with notice of
these negative declarations. Notice of these negative declarations will
appear at 40 CFR part 62.
III. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a 111(d)/
129 plan submission that complies with the provisions of the CAA and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing 111(d)/129 plan submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
111(d)/129 plan is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 24, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the
[[Page 22824]]
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. Parties with objections to this
direct final rule are encouraged to file a comment in response to the
parallel notice of proposed rulemaking for this action published in the
proposed rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that EPA can withdraw this direct final rule and address the comment in
the proposed rulemaking. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: January 13, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
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 K--Florida
0
2. Add a new undesignated center heading to subpart K and a new Sec.
62.2400 to read as follows:
Air Emissions From Existing Other Solid Waste Incinerators (OSWI)--
Section 111(d)/129 Plan
Sec. 62.2400 Identification of plan--negative declaration.
Letter from Florida Department of Environmental Protection
submitted on January 18, 2007, certifying that there are no Other Solid
Waste Incinerator units subject to 40 CFR part 60, subpart FFFF in its
jurisdiction.
Subpart S--Kentucky
0
3. Section 62.4370 is amended by designating the existing text as
paragraph (a) and adding by paragraph (b) to read as follows:
Sec. 62.4370 Identification of plan--negative declaration.
* * * * *
(b) Letter from Louisville, Kentucky, Air Pollution Control
District submitted on February 11, 2010, certifying that there are no
Large Municipal Waste Combustor units subject to 40 CFR part 60,
subpart Cb in its jurisdiction.
0
4. Section 62.4371 is amended by designating the existing text as
paragraph (a) and by adding paragraph (b) to read as follows:
Sec. 62.4371 Identification of plan--negative declaration.
* * * * *
(b) Letter from Louisville, Kentucky, Air Pollution Control
District submitted on February 11, 2010, certifying that there are no
Small Municipal Waste Combustion units subject to 40 CFR part 60,
subpart BBBB in its jurisdiction.
0
5. Add a new undesignated center heading to subpart S and a new Sec.
62.4375 to read as follows:
Air Emissions From Existing Other Solid Waste Incinerators (OSWI)--
Section 111(d)/129 Plan
Sec. 62.4375 Identification of plan--negative declaration.
Letter from Louisville, Kentucky, Air Pollution Control District
submitted on February 11, 2010, certifying that there are no Other
Solid Waste Incinerator units subject to 40 CFR part 60, subpart FFFF
in its jurisdiction.
Subpart II--North Carolina
0
6. Section 62.8356 is amended by designating the existing text as
paragraph (a) and by adding paragraph (b) to read as follows:
Sec. 62.8356 Identification of plan--negative declaration.
* * * * *
(b) Letter from Western North Carolina Regional Air Quality Agency
submitted on October 5, 2007, certifying that there are no Hospital/
Medical/Infectious Waste Incinerator units subject to 40 CFR part 60,
subpart Ce in its jurisdiction.
0
7. Add a new undesignated center heading to subpart II and a new Sec.
62.8357 to read as follows:
Air Emissions From Existing Large Municipal Waste Combustors (LMWC)--
Section 111(d)/129 Plan
Sec. 62.8357 Identification of plan--negative declaration.
Letters from Forsyth County Environmental Affairs Department,
Mecklenburg County Land Use and Environmental Services Agency, and
Western North Carolina Regional Air Quality Agency submitted on
February 17, 2010, August 19, 2009, and October 5, 2007, respectively,
certifying that there are no Large Municipal Waste Combustor units
subject to 40 CFR part 60, subpart Cb in their respective
jurisdictions.
0
8. Add a new undesignated center heading to subpart II and a new Sec.
62.8359 to read as follows:
Air Emissions From Existing Small Municipal Waste Combustors (SMWC)--
Section 111(d)/129 Plan
Sec. 62.8359 Identification of plan--negative declaration.
Letters from Forsyth County Environmental Affairs Department,
Mecklenburg County Land Use and Environmental Services Agency, and
Western North Carolina Regional Air Quality Agency submitted on
February 17, 2010, January 22, 2003, and October 5, 2007, respectively,
certifying that there are no Small Municipal Waste Combustor units
subject to 40 CFR part 60, subpart BBBB in their respective
jurisdictions.
0
9. Add a new undesignated center heading to subpart II and a new Sec.
62.8361 to read as follows:
Air Emissions From Existing Other Solid Waste Incinerators (OSWI)--
Section 111(d)/129 Plan
Sec. 62.8361 Identification of plan--negative declaration.
Letters from Forsyth County Environmental Affairs Department,
Mecklenburg County Land Use and Environmental Services Agency, and
Western North Carolina Regional Air Quality Agency submitted on
February 17, 2010, August 19, 2009, and October 5, 2007, respectively,
certifying that there are no Other Solid Waste Incinerator units
subject to 40 CFR part 60, subpart FFFF in their respective
jurisdictions.
Subpart PP--South Carolina
0
10. Revise Sec. 62.10150 to read as follows:
Sec. 62.10150 Identification of plan--negative declaration.
Letter from South Carolina Department of Health and Environmental
Control submitted on July 8, 2010, certifying that there are no Large
Municipal Waste Combustor units subject to 40 CFR part 60, subpart Cb
in its jurisdiction.
0
11. Add a new undesignated center heading to subpart PP and a new Sec.
62.10200 to read as follows:
[[Page 22825]]
Air Emissions From Existing Hospital/Medical/Infectious Waste
Incinerators (HMIWI)--Section 111(d)/129 Plan
Sec. 62.10200 Identification of plan--negative declaration.
Letter from South Carolina Department of Health and Environmental
Control submitted on December 14, 2009, certifying that there are no
Hospital/Medical/Infectious Waste Incinerator units subject to 40 CFR
part 60, subpart Ce in its jurisdiction.
[FR Doc. 2011-9844 Filed 4-22-11; 8:45 am]
BILLING CODE 6560-50-P
