![[logo] US EPA](http://www.epa.gov/epafiles/images/logo_epaseal.gif){kind=logo}
Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; Pennsylvania; Large Municipal Waste Combustors (MWCs)
Related Material
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 23, 1999 (Volume 64, Number 162)]
[Rules and Regulations]
[Page 45880-45885]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23au99-11]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[PA118-4080a; FRL-6426-1]
Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants; Pennsylvania; Large Municipal
Waste Combustors (MWCs)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is granting conditional approval of the Commonwealth of
Pennsylvania's municipal waste combustor (MWC) 111(d)/129 plan
submitted by the Pennsylvania Department of Environmental Protection,
Bureau of Air Quality, on April 27, 1998, and as amended on September
8, 1998. This action is a conditional approval because the submitted
plan does not contain an expeditious compliance schedule for the
supplemental MWC emissions guidelines (EG) limits promulgated on August
25, 1997. The plan was submitted to fulfill requirements of the Clean
Air Act (CAA), and the EG that are applicable to existing MWC
facilities with an individual unit combustor capacity greater than 250
tons per day (TPD) of municipal solid waste. An existing MWC unit is
one for which construction commenced on or before September 20, 1994.
DATES: This final rule is effective October 22, 1999 unless, on or
before September 22, 1999, adverse or critical comments are received.
If adverse comment is received, EPA 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: Comments may be mailed to Makeba A. Morris, Chief, Technical
Assessment Branch, Mailcode 3AP22, Environmental Protection Agency,
Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies
of the documents relevant to this action are available for public
inspection during normal business hours at the above EPA address and by
contacting Krishnan Ramamurthy at the Pennsylvania Department of
Environmental Protection, Bureau of Air Quality, Rachel Carson State
Office Building, 400 Market Street, Harrisburg, Pennsylvania 17105-
8468.
FOR FURTHER INFORMATION CONTACT: James B. Topsale at (215) 814-2190, or
by e-mail at topsale.jim@epamail.gov. While information may be obtained
via e-mail, any comments must be submitted, in writing, as indicated in
the ADDRESSES section of this document.
SUPPLEMENTARY INFORMATION:
I. Background
Section 111(d) of the CAA requires that ``designated'' pollutants
controlled under standards of performance for new stationary sources by
Section 111(b) of the CAA must also be controlled at existing sources
in the same source category. Also, Section 129 of the CAA specifically
addresses solid waste combustion. It requires EPA to establish emission
guidelines (EG) for MWC units and requires states to develop state
plans for implementing the promulgated EG. The Part 60, Subpart Cb, EG
for MWC units differ from other EG adopted in the past because the rule
addresses both Sections 111(d) and 129 CAA requirements. Section 129
requirements override certain related aspects of Section 111(d).
On December 19, 1995, pursuant to Sections 111 and 129 of the CAA,
EPA promulgated new source performance standards (NSPS) applicable to
new MWCs (i.e., those for which construction was commenced after
September 20, 1994) and EG applicable to existing MWCs. The NSPS and EG
are codified at 40 CFR Part 60, Subparts Eb and Cb, respectively. See
60 FR 65387 and 65415. Subparts Eb and Cb regulate MWC emissions.
Emissions from MWCs contain organics (dioxin/furans), metals (cadmium,
lead, mercury, particulate matter, opacity), and acid gases,
[[Page 45881]]
(hydrogen chloride, sulphur dioxide, and nitrogen oxides).
On April 8, 1997, the United States Court of Appeals for the
District of Columbia Circuit vacated Subparts Cb and Eb as they apply
to MWC units with capacity to combust less than or equal to 250 tons
per day (TPD) of municipal solid waste (MSW), consistent with their
opinion in Davis County Solid Waste Management and Recovery District v.
EPA, 101 F.3d 1395 (D.C. Cir. 1996), as amended, 108 F.3d 1454 (D.C.
Cir. 1997). As a result, Subparts Cb and Eb were amended to apply only
to MWC units with the capacity to combust more than 250 TPD of MSW per
unit (i.e., large MWC units). Also, the amended EG made minor revisions
to the emissions limitations for four pollutants--hydrogen chloride,
sulfur dioxide, oxides of nitrogen, and lead. The amended requirements
of the NSPS and EG were published in the Federal Register on August 25,
1997. See 62 FR 45119 and 45124 for the EG amendments.
Section 129(b)(2) of the CAA requires States to submit to EPA for
approval state plans that implement and enforce the EG. State Plans
must be ``at least as protective'' as the EG, and become Federally
enforceable upon approval by EPA. The procedures for adoption and
submittal of State Plans are codified in 40 CFR Part 60, Subpart B. EPA
originally promulgated the Subpart B provisions on November 17, 1975.
However, EPA amended Subpart B on December 19, 1995, to allow the
source specific subparts developed under Section 129 to include
requirements that supersede the general provisions in Subpart B
regarding the schedule for submittal of State Plans, the stringency of
the emission limitations, and the compliance schedules. See 60 FR
65414.
As required by Section 129(b)(3) of the CAA, on November 12, 1998
EPA promulgated a Federal Implementation Plan (FIP) for large MWCs that
commenced construction on or before September 20, 1994. The FIP is a
set of emissions limits, compliance schedules, and other requirements
that implement the MWC EG, as amended. The FIP is applicable to those
large existing MWCs not specifically covered by an approved State plan
under Sections 111(d) and 129 of the CAA. Also, it fills a Federal
enforceability gap until State plans are approved and ensures that the
MWC units stay on track to complete pollution control equipment
retrofit schedules to meet the final statutory compliance date of
December 19, 2000. However, the FIP no longer applies once a State plan
is approved. Unlike a FIP for sources regulated under Sections 110 or
172, the Section 111(d)/129 FIP imposes no statutory or other sanctions
because of deficient or unapproved state plans. An approved State plan
is a State plan that EPA has reviewed and approved based on the
requirements of 40 CFR Part 60, Subpart B to implement and enforce 40
CFR Part 60, Subpart Cb. See 63 FR 63192.
As noted above, emissions from MWCs contain organics (dioxin/
furans), metals (cadmium, lead, mercury, particulate matter, opacity),
and acid gases, (hydrogen chloride, sulphur dioxide, and nitrogen
oxides). These pollutants can cause adverse effects to the public
health and the environment. Dioxin, lead and mercury can bioaccumulate
in the environment. Acid gases contribute to the acid rain that lowers
the pH of surface waters and watersheds, harms forests, and damages
buildings. In addition, nitrogen oxides emissions can contribute to the
formation of ground level ozone, which is associated with a number of
adverse health and environmental effects.
II. Review of the Commonwealth of Pennsylvania's MWC 111(d)/129
Plan
EPA has reviewed the Commonwealth of Pennsylvania's ( the
``Commonwealth'') 111(d)/129 plan for existing large MWC units in the
context of the requirements of 40 CFR Part 60, and Subparts B and Cb,
as amended. A summary of that review is provided below.
A. Identification of Enforceable State Mechanism for Implementing the
EG
The regulation at 40 CFR 60.24(a) requires that the Section 111(d)
plan include emissions standards, defined in 40 CFR 60.21(f) as ``a
legally enforceable regulation setting forth an allowable rate of
emissions into the atmosphere, or prescribing equipment specifications
for control of air pollution emissions.'' EPA interprets the term
``regulation'' in 60.21(f) to include, in addition to a uniform state
requirement or state rule, other mechanisms that are legally
enforceable under state law. These other mechanisms could include, for
example, an administrative order, a compliance order, or a state
operating permit. A state may select these other enforceable mechanisms
provided that the state demonstrates that it has the underlying
authority and demonstrates that the selected mechanism is state
enforceable. Additional guidance on this matter is found in EPA's
``Municipal Waste Combustion: Summary of the Requirements for Section
111(d)/129 Plans for Implementing the Municipal Waste Combustor
Emission Guidelines (EPA-456R-96-003, July 1996). On December 27, 1997,
the Pennsylvania Department of Environmental Protection (PADEP) adopted
and incorporated by reference (27 Pa. B. 6809) the federal EG for MWCs.
Subsequently, on April 27, 1998 the PADEP submitted to EPA its MWC
111(d)/129 plan. At the time of submittal, the PADEP recognized that
the plan did not contain the required legally enforceable mechanism and
compliance dates to implement the adopted EG and related plan. On
September 8, 1998, the PADEP submitted five (5) MWC federally
enforceable state operating permits (FESOPs) and one (1) MWC plan
approval (i.e., construction permit) to serve as the legally
enforceable mechanisms for implementating its 111(d)/129 plan. Under
the terms and conditions of the submitted permits, the applicable EG
requirements (Subpart Cb) are nonexpiring and continue in full force
and effect until modified by the PADEP as a 111(d)/129 plan revision.
The PADEP has met the requirements of 40 CFR 60.24(a) to have legally
enforceable emission standards.
B. Demonstration of Legal Authority
Title CFR 60.26 requires the 111(d) plan to demonstrate that the
State has legal authority to adopt and implement the emission standards
and compliance schedules. As noted above, a state may select the use of
an enforceable mechanism, other than a regulation, to implement the
plan, providing the state demonstrates its legal authority to enforce
the mechanism. The 111(d)/129 plan submitted by PADEP includes a legal
opinion that the PADEP has sufficient statutory and regulatory
authority under its plan approval (under Pennsylvania regulations a
plan approval is a permit to construct) and state operating permit
programs to implement applicable requirements adopted under Sections
111(d) and 129 of the CAA. A copy of the Commonwealth's Air Pollution
Control Act (35 P.S. 4001 et. seq.) and the applicable regulations in
25 Pa. Code Article III (relating to air resources) for the issuance of
plan approvals, State operating permits, and Title V permits were also
submitted with the 111(d)/129 plan. The PADEP has demonstrated that it
has the legal authority to adopt and implement the emission standards
and compliance schedules governing MWC emissions. This meets the
requirements of 40 CFR 60.26.
C. Inventory of MWCs in Pennsylvania Affected by the EG
Title 40 CFR 60.25(a) requires the 111(d) plan to include a
complete source inventory of all existing large
[[Page 45882]]
MWCs (i.e., unit capacity greater than 250 TPD). The PADEP has
identified six (6) facilities with individual MWC units having
combustion capacities greater than 250 TPD. The Commonwealth of
Pennsylvania inventory of existing large MWC units identifies the
following MWC plants: (1) American Ref-Fuel of Delaware Valley, LP
(formerly Delaware County Resource Recovery Facility); (2) the
Harrisburg Materials, Energy, Recycling and Recovery Facility; (3)
Lancaster County Solid Waste Management Authority; (4) Montenay
Montgomery Limited Partnership; (5) Wheelabrator Falls, Inc., Bucks
County; and (6) York County Resource Recovery Center.
D. Inventory of Emissions From MWCs in Pennsylvania
Title 40 CFR 60.25(a) requires that the plan include an emissions
inventory that estimates emissions of the pollutant regulated by the
EG. Emissions from MWCs contain organics (dioxin/furans), metals
(cadmium, lead, mercury, particulate matter, opacity), and acid gases
(hydrogen chloride, sulphur dioxide, and nitrogen oxides). For each MWC
plant, the PADEP plan contains information on estimated MWC emission
rates in terms of concentrations and mass emissions rates. The
emissions rates data were obtained from source stack tests, continuous
emission monitors, and utilization of EPA estimating procedures (AP-
42). This meets the emission inventory requirements of 40 CFR 60.25(a).
E. Emission Limitations for MWCs
Title 40 CFR 60.24(c) specifies that the State plan must include
emission standards that are no less stringent than the EG, except as
specified in 40 CFR 60.24(f) which allows for less stringent emission
limitations on a case-by-case basis if certain conditions are met.
However, this exception clause is superseded by Section 129(b)(2) of
the CAA which requires that state plans be ``at least as protective''
as the EG. Title 40 CFR 60.33b of the EG contain the emissions
limitation applicable to existing large MWCs. The FESOPs and plan
approval submitted by PADEP reference applicable emissions limitations
that are consistent and ``at least as protective'' as those in the EG,
as amended.
F. Compliance Schedules
A state Section 111(d) plan must include a compliance schedule that
owners and operators of affected MWCs must meet in complying with the
requirements of the plan. Any proposed revision to a compliance
schedule is subject to the requirements of Subpart B, 60.28, Plan
revisions by the State. Title 40 CFR 60.39b of the EG provides that
planning, awarding of contracts, and installation of air emission
collection and control equipment capable of meeting the EG requirements
must be accomplished within 3 years of EPA plan approval, but in no
case later than December 19, 2000. As a result of the Davis County
litigation, noted above, compliance with supplemental EG emissions
limits for lead, sulfur dioxide, hydrogen chloride, and nitrogen oxides
could extend until August 26, 2002, or 3 years after EPA approval of
the 111(d)/129 plan, whichever is earlier. However, Section 129(f)(2)
of the CAA states that requirements promulgated pursuant to Sections
111 and 129 must be effective ``as expeditiously as practicable after
approval of a State plan.''
The PADEP submittal requires compliance with the original 1995 EG
emissions limits no later than December 19, 2000. However, PADEP's
submittal requires compliance with the 1997 EG supplemental emissions
limits later than August 26, 2002, or 3 years after EPA approval of the
111(d)/129 plan, whichever is earlier. In accordance with Section
129(f)(2) and the FIP promulgated for MWCs and its background
information document, EPA has determined that the final compliance
dates for the supplemental emissions limits, stipulated in the 111(d)/
129 plan FESOPs and plan approval submitted by PADEP are not
expeditious. See 63 FR 63196. The exception is the Harrisburg MWC
facility permit which requires the permittee to cease operation no
later than December 19, 2000. The same types of air pollution control
technology serve as the basis for both the 1995 EG limits and the 1997
EG amended (supplemental) limits. That technology consists of spray
dryer/fabric filter or electrostatic precipitator (ESP), carbon
injection, and selective non-catalytic reduction (SNCR) for non-
refractory combustor types. The plan submitted by PADEP contains no
economic, technical, or other rationale to justify a compliance date
extension until August 26, 2002 for the supplemental emissions limits.
Title 40 CFR 60.24(e)(1) provides that any compliance schedule,
extending more than 12 months from the date required for plan
submittal, shall include legally enforceable increments of progress as
specified in 40 CFR 60.21(h), including deadlines for submittal of a
final control plan, awarding of contracts for emission control systems,
initiation of on-site construction or installation of emission control
equipment, completion of on-site construction/ installation of emission
control equipment, and final compliance. In addition, 40 CFR 60.39b
requires that all large MWCs for which construction was commenced after
June 26, 1987 must meet the mercury and dioxins/furans emissions
limitations within one year following issuance of a revised
construction or operating permit, if a permit modification is required,
or within one year following EPA approval of the State plan, whichever
is later. The MWC FESOPs and plan approval establish interim and final
compliance schedules, as required by 40 CFR 60.24(e)(1), and 60.39b.
However, as noted above, Section 129(f)(2) of the CAA stipulates that
requirements promulgated pursuant to Sections 111 and 129 must be
effective ``as expeditiously as practicable after approval of a State
plan.''
Therefore, EPA is approving the FESOPs and plan approval interim
and final compliance schedules submitted by PADEP for the original 1995
EG emissions limits, but is not approving PADEP's final compliance
schedule (August 26, 2002, or 3 years after EPA approval of the state
plan, whichever is earlier) for the 1997 supplemental emissions limits
submitted by PADEP. See 62 FR 45116. EPA is granting conditional
approval of the 111(d)/129 plan submitted on August 27, 1998 and as
amended September 8, 1998 for MWCs. EPA will fully approve the final
compliance schedule for the supplemental emissions limits after the
PADEP submits amended FESOPs, or some other appropriate State
enforceable mechanism, to require final compliance of the 1997
supplemental emission limits by no later than December 19, 2000. In the
interim, the December 19, 2000 compliance date provisions for meeting
the 1997 supplemental emission limits, imposed in the FIP promulgated
on November 12, 1998, shall continue to apply to the sources in
Pennsylvania.
H. Testing, Monitoring, Record Keeping, and Reporting Requirements
The EG at 40 CFR 60.38b and 60.39b cross reference applicable NSPS
requirements (Subpart Eb) for MWCs relating to performance testing,
monitoring, reporting and recordkeeping requirements that state plans
must include. The FESOPs and plan approval submitted by PADEP meet the
requirements of 40 CFR 60.38b and 60.39b.
[[Page 45883]]
I. A Record of Public Hearing on the State Plan
Public hearings were held in Conshohocken and Harrisburg, PA on
January 7 and 8, 1998, respectively. Notices for both hearings were
published in the PA Register and two newspapers on December 6, 1997,
and one newspaper on December 7, 1997, more than 30 days prior to the
respective public hearing dates. The State plan includes the records
from both of the noted public hearings. The PADEP certified on April
27, 1998 that the 40 CFR 60.23 public hearing requirements were met.
The state provided evidence of complying with EPA public notice and
other hearing requirements, including a record of public comments
received. The 40 CFR 60.23 requirement for a public hearing on the
111(d)/129 plan has been met by the PADEP.
J. Provision for Annual State Progress Reports to EPA
The PADEP will submit to EPA on an annual basis a report which
details the progress in the enforcement of the MWC 111(d)/129 plan in
accordance with 40 CFR 60.25. The first progress report will be
submitted to EPA one year after the approval of Commonwealth's MWC
111(d)/129 plan by EPA.
III. Final Action
Based upon the rationale discussed above and in further detail in
the technical support document (TSD) associated with this action, EPA
is conditionally approving the Commonwealth of Pennsylvania's MWC
111(d)/129 plan for the control of MWC emissions from affected
facilities. With the explicit exception of the compliance schedule and
date for meeting the 1997 supplemental emissions limits, the provisions
of the FIP promulgated on November 12, 1998 no longer apply to affected
facilities in the Commonwealth. The provisions of the November 12, 1998
FIP for MWCs promulgated on November 12, 1998 regarding the compliance
schedule and date for meeting the 1997 supplemental emissions limits
continue to apply to affected facilities in the Commonwealth. EPA's
approval of the Commonwealth's 111(d)/129 plan is conditioned upon the
submittal of a 111(d)/129 plan revision that contains an enforceable
mechanism(s) that requires affected facilities to be in full compliance
with all supplemental emissions limits (lead, sulfur dioxide, hydrogen
chloride, and nitrogen oxides) no later than December 19, 2000. That
submittal must be made by the Commonwealth to EPA by no later than
August 22, 2000. If Pennsylvania fails to meet the condition by the due
date indicated above, EPA will notify the PADEP by letter that the
condition of this plan approval has not been met, that the conditional
approval of its 111(d)/129 plan for MWCs has converted to a
disapproval, and that the entire FIP for MWCs promulgated on November
12, 1998 (63 FR 63191) has been reinstated in the Commonwealth.
Subsequently, a notice will be published in the Federal Register
announcing that the Commonwealth's MWC 111(d)/129 whole plan has been
disapproved and the entire FIP promulgated on November 12, 1998 will be
reinstated. Upon fulfillment of the condition by the due date
specified, EPA's conditional approval shall be converted to a full
approval and the provisions of the FIP for MWCs promulgated on November
12, 1998 (63 FR 63191) relating to the compliance schedule for
supplemental emissions limits shall no longer apply in the
Commonwealth.
The 1995 original and 1997 supplemental emissions limitations and
compliance schedule requirements are not applicable to the Harrisburg
MWC facility provided it ceases operation no later than December 19,
2000, as stipulated under the terms and conditions of its FESOP, and
remains shut down.
The submitted FESOPs and plan approval include PADEP new source
review and other requirements that are outside the scope of the 111(d)/
129 plan requirements. EPA is taking no action on those PADEP
requirements that are outside the scope of the EG and 111(d)/129 plan
requirements. As provided by 40 CFR 60.28(c), any revisions to the
Commonwealth's MWC 111(d)/129 plan or associated regulations, FESOPs,
and plan approval will not be considered part of the applicable plan
until submitted by the PADEP in accordance with 40 CFR 60.28(a) or (b),
as applicable, and until approved by EPA in accordance with 40 CFR Part
60, Subpart B, requirements.
EPA is publishing this 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 111(d) plan should
relevant adverse or critical comments be filed. This rule will be
effective October 22, 1999 without further notice unless the Agency
receives relevant adverse comments by September 22, 1999.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect, and that the MWC FIP requirements remain in effect.
All public comments received will then be addressed in a subsequent
final rule based on the proposed rule. EPA will not institute a second
comment period on this rule. Only parties interested in commenting on
this rule should do so at this time. If no such comments are received,
the public is advised that this rule will be effective on October 22,
1999 and no further action will be taken on the proposed rule.
IV. Administrative Requirements
A. Executive Orders 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from review under Executive Order (E.O.) 12866,
entitled ``Regulatory Planning and Review.''
B. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a state, local, or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments. If EPA complies by consulting, E.O. 12875 requires EPA to
provide to the Office of Management and Budget a description of the
extent of EPA's prior consultation with representatives of affected
state, local, and tribal governments, the nature of their concerns,
copies of written communications from the governments, and a statement
supporting the need to issue the regulation. In addition, E.O. 12875
requires EPA to develop an effective process permitting elected
officials and other representatives of state, local, and tribal
governments ``to provide meaningful and timely input in the development
of regulatory proposals containing significant unfunded mandates.''
Today's rule does not create a mandate on state, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of Section 1(a) of E.O. 12875
do not apply to this rule.
C. Executive Order 13045
E.O. 13045, entitled ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies
to any rule that the EPA determines (1) is ``economically
significant,'' as defined under E.O. 12866, and (2) the environmental
health
[[Page 45884]]
or safety risk addressed by the rule has a disproportionate effect on
children. If the regulatory action meets both criteria, the Agency 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
considered by the Agency.
This final rule is not subject to E.O. 13045 because it is not an
economically significant regulatory action as defined by E.O. 12866,
and it does not address an environmental health or safety risk that
would have a disproportionate effect on children.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly affects or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments. If EPA complies by
consulting, E.O. 13084 requires EPA to provide to the Office of
Management and Budget, in a separately identified section of the
preamble to the rule, a description of the extent of EPA's prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation. In addition, E.O. 13084 requires EPA to
develop an effective process permitting elected and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.'' Today's rule
does not significantly or uniquely affect the communities of Indian
tribal governments. This action does not involve or impose any
requirements that affect Indian Tribes. Accordingly, the requirements
of Section 3(b) of E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements 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 not-for-profit enterprises, and small governmental
jurisdictions. Pursuant to Section 605(b) of the RFA, I certify that
this rule will not have a significant economic impact on a substantial
number of small entities. This Federal action approves pre-existing
requirements under Federal, State, or Local law and imposes no new
requirements on any entity affected by this rule, including small
entities. Therefore, these amendments will not have a significant
impact on a substantial number of small entities.
F. Unfunded Mandates
Under Section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
annual costs to State, local, or tribal governments in the aggregate,
or to the private sector, of $100 million or more. Under Section 205,
EPA must select the most cost-effective and least burdensome
alternative that achieves the objectives of the rule and is consistent
with statutory requirements. Section 203 requires EPA to establish a
plan for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated annual costs of
$100 million or more to either State, local, or tribal governments in
the aggregate, or to the private sector. This Federal action approves
pre-existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
G. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
H. Petitions for Judicial Review
Under Section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 22, 1999. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See Section 307(b)(2).)
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Municipal waste
combustors, Reporting and recordkeeping requirement.
Dated: August 11, 1999.
W. Michael McCabe,
Regional Administrator, Region III.
40 CFR Part 62, Subpart NN, is amended as follows:
Part 62--[AMENDED]
1. The authority citation for Part 62 continues to read as follows:
Authority: 42 U.S.C. 7401-7642.
Subpart NN--Pennsylvania
2. A new center heading and Secs. 62.9640, 62.9641, and 62.9642 are
added to read as follows:
Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions
From Existing Municipal Waste Combustors With a Unit Capacity
Greater Than 250 Tons per Day
Sec. 62.9640 Identification of plan.
The 111(d)/129 plan for municipal waste combustors (MWC) with a
unit capacity greater than 250 tons per day (TPD) and the associated
Pennsylvania Department of Environmental Protection five (5) MWC
federally enforceable state operating permits (FESOPs) and one (1) MWC
plan approval (i.e., construction permit) that were submitted to EPA on
April 27, 1998 and as amended on September 8, 1998. The 111(d)/129 plan
is conditionally approved pending receipt, within one year of EPA plan
approval, of an enforceable mechanism that requires affected facilities
to be in compliance no later than December 19, 2000, with the 1997 MWC
emissions
[[Page 45885]]
guidelines' supplemental emissions limits.
Sec. 62.9641 Identification of sources.
The plan applies to all existing MWC facilities with a MWC unit
capacity greater than 250 TPD of municipal solid waste.
Sec. 62.9642 Effective date.
The effective date of the 111(d)/129 plan is October 22, 1999.
[FR Doc. 99-21658 Filed 8-20-99; 8:45 am]
BILLING CODE 6560-50-P