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Approval and Promulgation of State Plans for Designated Facilities and Pollutants: Louisiana, New Mexico, Oklahoma and Bernalillo County, NM; Negative Declarations
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: June 13, 2003 (Volume 68, Number 114)]
[Rules and Regulations]
[Page 35299-35303]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jn03-20]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[FRL-7511-4]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants: Louisiana, New Mexico, Oklahoma and
Bernalillo County, NM; Negative Declarations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving negative declarations submitted by the States
of Louisiana, New Mexico, Oklahoma, and the City of Albuquerque
(Bernalillo County), New Mexico, which certify that there are no
existing small municipal waste combustion units in Louisiana, New
Mexico, and Oklahoma subject to the requirements of sections 111(d) and
129 of the Clean Air Act (CAA). EPA is also approving negative
declarations submitted by the State of New Mexico and the City of
Albuquerque (Bernalillo County) which certify that there are no
existing hospital/medical/infectious waste incinerators subject to the
requirements of sections 111(d) and 129 of the CAA. In addition, EPA is
approving a negative declaration submitted by the City of Albuquerque
(Bernalillo County) which certifies that there are no existing large
municipal waste combustion units subject to the requirements of
sections 111(d) and 129 of the CAA. Finally, EPA is approving a
negative declaration submitted by the State of New Mexico which
certifies that there are no existing commercial and industrial solid
waste incineration units subject to the requirements of sections 111(d)
and 129 of the CAA. This is a direct final action without prior notice
and comment because this action is deemed noncontroversial.
DATES: This direct final rule is effective on August 12, 2003 without
further notice, unless EPA receives adverse comment by July 14, 2003.
If EPA receives such comment, EPA will publish a timely withdrawal in
the Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Written comments on this action should be addressed to Mr.
Thomas H. Diggs, Air Planning Section (6PD-L), at the EPA Region 6
Office listed below. Copies of documents relevant to this action are
available for public inspection during normal business hours at the
following location. Anyone wanting to examine these
[[Page 35300]]
documents should make an appointment with the EPA Region 6 Office at
least two working days in advance.
Environmental Protection Agency, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202-2833.
FOR FURTHER INFORMATION CONTACT: Mr. Kenneth W. Boyce, Air Planning
Section (6PD-L), Multimedia Planning and Permitting Division, U.S. EPA,
Region 6, 1445 Ross Avenue, Dallas, Texas 75202, (214) 665-7259.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'',
``us'', or ``our'' are used we mean the EPA.
I. What Is the Background for This Action?
Section 129 of the CAA requires us to develop new source
performance standards (NSPS) and emission guidelines (EG) for each
category of solid waste incineration units which includes these
categories addressed in today's notice: (1) Existing large municipal
waste combustion units; (2) existing hospital/medical/infectious waste
incinerator units, (3) existing small municipal waste combustion units,
and (4) existing commercial and industrial solid waste incinerator
units. Such standards shall include emissions limitations and other
requirements applicable to new units and guidelines required by section
111(d) of the CAA.
Section 111(d) of the CAA requires states to submit plans to
control certain pollutants (designated pollutants) at existing
facilities (designated facilities) whenever standards of performance
have been established under section 111(b) for new sources of the same
type, and EPA has established emission guidelines for such existing
sources. A designated pollutant is ``any air pollutant, emissions of
which are subject to a standard of performance for new stationary
sources but for which no air quality criteria has been issued, and
which is not included on a list published under section 108(a) or
section 112(b)(1)(A) of the CAA.'' 40 CFR 60.21(a).
Section 129(b) of the CAA also requires us to develop an EG for
each category of existing solid waste incineration units. Under section
129 of the CAA, the EG is not federally enforceable. Section 129(b)(2)
requires states to submit State Plans to EPA for approval. State Plans
must be at least as protective as the EG, and they become Federally
enforceable upon EPA approval.
Emission guidelines and compliance times for large municipal waste
combustion units constructed on or before September 20, 1994, were
promulgated on December 19, 1995 (60 FR 65387) at 40 CFR part 60,
subpart Cb. The Federal plan was promulgated on November 12, 1998 (63
FR 63191) at 40 CFR Part 62, subpart FFF.
Emission guidelines and compliance times for hospital/medical/
infectious waste incinerators constructed on or before June 20, 1996,
were promulgated on September 17, 1997 (62 FR 48348) at 40 CFR part 60,
subpart Ce. The Federal plan was promulgated on August 15, 2000 (65 FR
49868) at 40 CFR Part 62, subpart HHH.
Emission guidelines and compliance standards for small municipal
waste combustion units constructed on or before August 30, 1999, were
promulgated on December 6, 2000 (65 FR 76350) at 40 CFR part 60,
subpart BBBB. The Federal plan was promulgated on January 31, 2003 (68
FR 5144) at 40 CFR part 62, subpart JJJ.
The emission guidelines and compliance times for existing
commercial and industrial solid waste incineration units that commenced
construction on or before November 30, 1999, were promulgated December
1, 2000 (65 FR 75338) at 40 CFR part 60, subpart DDDD. The Federal plan
has not been promulgated as of the date of this notice. EPA proposed
approval of the Federal plan on November 25, 2002 (67 FR 70640).
The status of our approvals of State plans for designated
facilities (often referred to as ``111(d) plans'' or ``111(d)/129
plans'') is given in separate subparts in 40 CFR part 62, ``Approval
and Promulgation of State Plans for Designated Facilities and
Pollutants.'' The Federal plan requirements for existing solid waste
incineration units are also codified in separate subparts at the end of
part 62.
Procedures and requirements for development and submission of state
plans for controlling designated pollutants are given in 40 CFR part
60, ``Standards of Performance for New Stationary Sources,'' subpart B,
``Adoption and Submittal of State Plans for Designated Facilities'' and
in 40 CFR part 62, subpart A, ``General Provisions.'' If a State does
not have any existing sources of a designated pollutant located within
its boundaries, 40 CFR 62.06 provides that the State may submit a
letter of certification to that effect, or negative declaration, in
lieu of a plan. The negative declaration exempts the state from the
requirements of 40 CFR Part 60, subpart B, for that designated
facility. In the event that a designated facility is located in a State
after a negative declaration has been approved by EPA, 40 CFR 62.13
requires that the Federal plan for the designated facility, as required
by section 129 of the CAA and 40 CFR 62.02(g), will automatically apply
to the facility.
This Federal Register action approves negative declarations for the
following: existing large municipal waste combustion units, existing
hospital/medical/infectious waste incinerators, existing small
municipal waste combustion units, and existing commercial and
industrial solid waste incineration units.
II. State Submittals
A. Existing Large Municipal Waste Combustion Units Negative Declaration
From the City of Albuquerque (Bernalillo County), New Mexico
The City of Albuquerque (Bernalillo County) submitted a letter
dated September 10, 2002 certifying there are no existing municipal
waste combustion units in Bernalillo County on lands under the
jurisdiction of the Albuquerque/Bernalillo County Air Quality Control
Board subject to 40 CFR part 60, subpart Cb. This negative declaration
meets the requirements of 40 CFR 62.06.
B. Hospital/Medical/Infectious Wastes Incinerators Negative
Declarations From the State of New Mexico and the City of Albuquerque
(Bernalillo County), New Mexico
The New Mexico Environment Department and the City of Albuquerque
(Bernalillo County) have submitted letters certifying that there are no
existing hospital/medical/infectious waste incinerators subject to 40
CFR part 62, subpart Ce, under their jurisdictions in the State of New
Mexico, and Bernalillo County, New Mexico. These negative declarations
meet the requirements of 40 CFR 62.06. The dates that these letters
were submitted are identified in the table below.
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State agency that submitted the Date of letter to EPA Region 6
negative declaration Office
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New Mexico Environment Department.... September 14, 1998.
[[Page 35301]]
City of Albuquerque Environmental January 25, 2002.
Health Department.
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C. Small Municipal Waste Combustion Units Negative Declarations From
the States of Louisiana, New Mexico, and Oklahoma, and the City of
Albuquerque (Bernalillo County), New Mexico
The Louisiana Department of Environmental Quality, the New Mexico
Environment Department, the Oklahoma Department of Environmental
Quality, and the City of Albuquerque (Bernalillo County) have submitted
letters certifying that there are no existing small municipal waste
combustion units under their jurisdictions in their respective States
or in Bernalillo County, New Mexico subject to 40 CFR part 60, subpart
BBBB. These negative declarations meet the requirements of 40 CFR
62.06. The dates that these letters were submitted are identified in
the table below.
------------------------------------------------------------------------
State agency that submitted the Date of letter to EPA Region 6
negative declaration Office
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Louisiana Department of Environmental December 20, 2002.
Quality.
New Mexico Environment Department.... November 13, 2001.
Oklahoma Department of Environmental October 2, 2001.
Quality.
City of Albuquerque, Environmental September 10, 2002.
Health Department.
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D. Commercial and Industrial Solid Waste Incinerators Negative
Declaration From the State of New Mexico
The New Mexico Environment Department submitted a letter dated
November 13, 2001, certifying that there are no existing commercial and
industrial solid waste incinerators subject to 40 CFR part 62, subpart
DDDD, under its jurisdiction in the State of New Mexico (excluding
tribal lands and Bernalillo County). This negative declaration meet the
requirements of 40 CFR 62.06.
III. Final Action
We are approving a negative declaration submitted by the City of
Albuquerque (Bernalillo County), New Mexico certifying that there are
no existing municipal waste combustion units in Bernalillo County on
lands under the jurisdiction of the Albuquerque/Bernalillo County Air
Quality Control Board subject to 40 CFR part 60, subpart Cb.
We are approving negative declarations submitted by the New Mexico
Environment Department and the City of Albuquerque Environmental Health
Department certifying that there are no existing hospital/medical/
infectious waste incinerators subject to 40 CFR part 60, subpart Ce.
We are also approving negative declarations submitted by the
Louisiana Department of Environmental Quality, the New Mexico
Environment Department, the Oklahoma Department of Environmental
Quality, and the City of Albuquerque Environmental Health Department
certifying that there are no existing small municipal waste combustion
units subject to 40 CFR part 60, subpart BBBB, within the jurisdictions
of the respective State and local agencies.
Finally, we are also approving a negative declaration submitted by
the New Mexico Environment Department that there are no existing
applicable commercial and industrial solid waste incineration units
subject to 40 CFR part 60, subpart DDDD, under its jurisdiction in the
State of New Mexico (excluding tribal lands and Bernalillo County).
If a designated facility is later found within any of the noted
jurisdictions after publication of this Federal Register action, then
the overlooked facility will become subject to the requirements of the
Federal plan for that designated facility, including the compliance
schedule. The Federal plan will no longer apply if we subsequently
receive and approve the 111(d)/129 plan from the jurisdiction with the
overlooked facility.
Since the States of Louisiana, New Mexico, and Oklahoma have not
submitted a demonstration of authority over ``Indian Country,'' (as
defined in 18 U.S.C. 1151) we are limiting our approval to those areas
that do not constitute Indian Country. Under this definition, EPA
treats as reservations, trust lands validly set aside for the use of a
Tribe even if the trust lands have not been formally designated as a
reservation. Any existing designated facility that may exist on
``Indian Country'' is subject to the Federal plan for the designated
facility. See 40 CFR 62.13.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial action and anticipates no
adverse comments. However, in the ``Proposed Rules'' section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve these rules should relevant
adverse comments be filed. This action will be effective August 12,
2003 unless EPA receives adverse written comments by July 14, 2003.
If EPA receives such comments, then it will publish a timely
withdrawal in the Federal Register informing the public that this
direct final 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. Parties
interested in commenting should do so at this time. If no such comments
are received, the public is advised that this rule will be effective on
August 12, 2003 and no further action will be taken on the proposed
rule.
IV. Statutory and Executive Order Reviews
Under Executive Order (EO) 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 EO 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001). This action merely
approves state and local declarations that rules implementing certain
federal standards are unnecessary. 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 state and local
declarations that rules implementing certain federal standards are
[[Page 35302]]
unnecessary, 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 EO 13175 (59 FR 22951,
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 EO 13132 (64 FR 43255,
August 10, 1999). This action merely approves state and local
declarations that rules implementing certain federal standards are
unnecessary, 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 EO 13045 ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it is not economically significant.
In reviewing State plan submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a State plan submission for failure to use VCS. It would
thus be inconsistent with applicable law for EPA, when it reviews a
State plan submission, to use VCS in place of a State plan submission
that otherwise satisfies the provisions of the Clean Air Act. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule
does not impose an information collection burden under the provisions
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 12, 2003. 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 42 U.S.C. 7607(b)(2)).
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: May 22, 2003.
Lawrence E. Starfield,
Deputy Regional Administrator, Region 6.
? Part 62, chapter I, title 40 of the Code of Federal Regulations 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 et seq.
Subpart T--Louisiana
? 2. Subpart T is amended by adding a new undesignated center heading and
a new Sec. 62.4660 to read as follows:
Emissions From Existing Small Municipal Waste Combustion Units
Sec. 62.4660 Identification of sources--negative declaration.
Letter from the Louisiana Department of Environmental Quality dated
December 20, 2002, certifying that there are no existing small
municipal waste combustion units in the State of Louisiana subject to
40 CFR part 60, subpart BBBB.
Subpart GG--New Mexico
? 3. Subpart GG is amended by adding a new undesignated center heading
and a new Sec. 62.7860, followed by a new undesignated center heading
and a new Sec. 62.7870, followed by a new undesignated center heading
and a new Sec. 62.7880, followed by a new undesignated center heading
and a new Sec. 62.7890 to read as follows:
Emissions From Existing Large Municipal Waste Combustion Units
Sec. 62.7860 Identification of sources--negative declaration.
Letter from the City of Albuquerque Air Pollution Control Division
dated September 10, 2002, certifying that there are no existing
municipal waste combustion units in Bernalillo County on lands under
the jurisdiction of the Albuquerque/Bernalillo county Air Quality
Control Board subject to 40 CFR part 60, subpart Cb.
Emissions From Existing Hospital/Medical/Infectious Wastes Incinerators
Sec. 62.7870 Identification of sources--negative declaration.
Letters from the New Mexico Environment Department and the City of
Albuquerque Environmental Health Department dated September 14, 1998,
and January 25, 2002, respectively, certifying that there are no
existing Hospital/Medical/Infectious Waste Incinerators subject to 40
CFR part 60, subpart Ce, under their jurisdictions in the State of New
Mexico.
Emissions From Existing Small Municipal Waste Combustion Units
Sec. 62.7880 Identification of sources--negative declaration.
Letters from the New Mexico Environment Department and the City of
Albuquerque Environmental Health Department dated November 13, 2001,
and September 10, 2002, respectively, certifying that there are no
existing small municipal waste combustion units subject to 40 CFR part
60, subpart BBBB under their jurisdictions in the State of New Mexico.
Emissions From Existing Commercial and Industrial Solid Waste
Incineration (CISWI) Units
Sec. 62.7890 Identification of sources--negative declaration.
Letters from the New Mexico Environment Department dated November
13, 2001 certifying that there are no existing commercial and
industrial solid waste incinerators subject to 40 CFR part 60, subpart
DDDD under its jurisdiction in the State of New Mexico (excluding
tribal lands and Bernalillo County).
[[Page 35303]]
Subpart LL--Oklahoma
? 4. Subpart LL is amended by adding a new undesignated center heading
and a new Sec. 62.9180 to read as follows:
Emissions From Existing Small Municipal Waste Combustion Units
Sec. 62.9180 Identification of sources--negative declaration.
Letter from the Oklahoma Department of Environmental Quality dated
October 2, 2001, certifying that there are no existing small municipal
waste combustion units subject to 40 CFR part 60, subpart BBBB, under
its jurisdiction in the State of Oklahoma.
[FR Doc. 03-15007 Filed 6-12-03; 8:45 am]
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