[Federal Register: May 22, 2003 (Volume 68, Number 99)]
[Rules and Regulations]
[Page 27911-27913]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22my03-9]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[VT-1226a; FRL-7502-1]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants: Vermont; Negative Declaration
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving the sections 111(d) negative declaration
submitted by the Vermont Department of Environmental Conservation (DEC)
on August 20, 1996. This negative declaration adequately certifies that
there are no existing municipal solid waste (MSW) landfills located in
the state of Vermont that have accepted waste since November 8, 1987
and that must install collection and control systems according to EPA's
emissions guidelines for existing MSW landfills. EPA publishes
regulations under sections 111(d) and 129 of the Clean Air Act
requiring states to submit control plans to EPA. These state control
plans show how states intend to control the emissions of designated
pollutants from designated facilities (e.g., landfills). The state of
Vermont submitted this negative declaration in lieu of a state control
plan.
DATES: This direct final rule is effective on July 21, 2003 without
further notice unless EPA receives significant adverse comment by June
23, 2003. If EPA receives adverse comment, we 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: You should address your written comments to: Mr. Steven
Rapp, Chief, Air Permits, Toxics & Indoor Programs Unit, Office of
Ecosystem Protection, U.S. EPA, One Congress Street, Suite 1100 (CAP),
Boston, MA 02114-2023.
Copies of the documents relevant to this action are available for
public inspection during normal business hours, by appointment at the
Office of Ecosystem Protection, U.S.
[[Page 27912]]
Environmental Protection Agency, Region I, One Congress Street, 11th
floor, Boston, MA.
FOR FURTHER INFORMATION CONTACT: John J. Courcier, (617) 918-1659.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What action is EPA taking today?
II. What is the origin of the requirements?
III. When did the requirements first become known?
IV. When did Vermont submit its negative declaration?
V. Regulatory Assessment Requirements
I. What Action Is EPA Taking Today?
EPA is approving the negative declaration submitted by the state of
Vermont on August 20, 1996.
EPA is publishing this negative declaration 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, EPA is publishing a separate document that
will serve as the proposal to approve this negative declaration should
relevant adverse comments be filed. If EPA receives no significant
adverse comment by June 23, 2003, this action will be effective July
21, 2003.
If EPA receives significant adverse comments by the above date, we
will withdraw this action before the effective date by publishing a
subsequent document in the Federal Register. EPA will address all
public comments received in a subsequent final rule based on the
parallel proposed rule published in today's Federal Register. EPA will
not institute a second comment period on this action. Any parties
interested in commenting on this action should do so at this time. If
EPA receives no comments, this action will be effective July 21, 2003.
II. What Is the Origin of the Requirements?
Under section 111(d) of the Clean Air Act, EPA published
regulations at 40 CFR part 60, subpart B which require states to submit
plans to control emissions of designated pollutants from designated
facilities. In the event that a state does not have a particular
designated facility located within its boundaries, EPA requires that a
negative declaration be submitted in lieu of a control plan.
III. When Did the Requirements First Become Known?
On May 30, 1991 (56 FR 24468), EPA proposed emission guidelines for
existing MSW landfills. This action enabled EPA to list existing MSW
landfills as designated facilities. EPA specified non-methane organic
compounds (NMOC) as a designated pollutant by proposing the emission
guidelines for existing MSW landfills. These guidelines were published
in final form on March 12, 1996 (61 FR 9905).
IV. When Did Vermont Submit Its Negative Declaration?
On August 20, 1996, the Vermont Department of Environmental
Conservation (DEC) submitted a letter certifying that there are no
existing MSW landfills subject to 40 CFR part 60, subpart B. Section
111(d) and 40 CFR 62.06 provide that when no such designated facilities
exist within a state's boundaries, the affected state may submit a
letter of ``negative declaration'' instead of a control plan. EPA is
publishing this negative declaration at 40 CFR 62.11485.
V. Regulatory Assessment Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999), because it merely approves a state rule
implementing a federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing sections 111(d)/129 State Plans, 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 for failure to use VCS.
It would thus be inconsistent with applicable law for EPA, when it
reviews a state plan, to use VCS in place of a 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 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 July 21, 2003. Interested
parties should comment in response to the proposed rule rather than
petition for judicial review, unless the objection arises after the
comment
[[Page 27913]]
period allowed for in the proposal. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements, Waste treatment and disposal.
Dated: May 8, 2003.
Robert W. Varney,
Regional Administrator, EPA New England.
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40 CFR part 62 is amended as follows:
PART 62--[AMENDED]
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1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart UU--Vermont
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2. Subpart UU is amended by adding a new Sec. 62.11485 and a new
undesignated center heading to read as follows:
Emission From Existing Municipal Solid Waste Landfills
Sec. 62.11485 Identification of Plan--negative declaration.
On August 20, 1996, the Vermont Department of Environmental
Conservation submitted a letter certifying that there are no existing
municipal solid waste landfills in the state subject to the emission
guidelines under part 60, subpart B of this chapter.
[FR Doc. 03-12863 Filed 5-21-03; 8:45 am]
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