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67316 Federal Register / Vol. 67, No.

214 / Tuesday, November 5, 2002 / Rules and Regulations

Dated: September 30, 2002. ADDRESSES: Comments may be mailed to declaration, in lieu of a plan. The
Keith Takata, Joydeb Majumder, EPA Region 4, Air negative declaration exempts the state
Acting Regional Administrator, Region IX. Toxics and Monitoring Branch, Sam from the requirements of subpart B for
Part 52, Chapter I, Title 40 of the Code Nunn Atlanta Federal Center, 61 that designated pollutant. Please note
of Federal Regulations is amended as Forsyth Street, SW., Atlanta, Georgia that if EPA receives adverse comment
follows: 30303–8960. on an amendment, paragraph, or section
Copies of documents relative to this of this rule and if that provision may be
PART 52—[AMENDED] action are available for public severed from the remainder of the rule,
inspectioin during normal business EPA may adopt as final those provisions
1. The authority citation for part 52 hours at the above-listed Region 4 of the rule that are not the subject of an
continues to read as follows: location. The interested person wanting adverse comment.
Authority: 42 U.S.C. 7401 et seq. to examine this document should make Final Action
an appointment with the office at least
Subpart F—California 24 hours in advance. The State of Mississippi has
determined there is no existing source
2. Section 52.220 is amended by in the state of Mississippi subject to the
adding paragraphs (c)(279)(i)(A)(8) and Joydeb Majumder at (404) 562–9121 or
small MWC units emission guidelines.
(288)(i)(D) to read as follows: Michele Notarianni at (404) 562–9031.
Consequently, the state of Mississippi
SUPPLEMENTARY INFORMATION: Section has submitted a letter of negative
§ 52.220 Identification of plan. 111(d) of the CAA requires states to
* * * * * declaration certifying this fact. We are
submit plans to control certain taking final action to approve this
(c) * * * pollutants (designated pollutants) at
(279) * * * negative declaration.
existing facilities (designated facilities) The EPA is publishing this rule
(i) * * * whenever standards of performance
(A) * * * without prior proposal because the
(8) Rule 417 adopted on September have been established under section Agency views this as a noncontroversial
14, 1999. 111(d) for new sources of the same type, submittal and anticipates no adverse
and EPA has established emissions comments. However, in the proposed
* * * * * guidelines for such existing sources. A
(288) * * * rules section of this Federal Register
(i) * * * designated pollutant is any pollutant for publication, EPA is publishing a
(D) Imperial County Air Pollution which no air quality criteria have been separate document that will serve as the
Control District. issued, and which is not included on a proposal to approve the SIP revision
(1) Rules 412 and 413 adopted on list published under section 108(a) or should adverse comments be filed. This
January 16, 2001. section 112(b)(1)(A) of the CAA, but rule will be effective January 6, 2003
* * * * * emissions of which are subject to a without further notice unless the
standard of performance for new Agency receives adverse comments by
[FR Doc. 02–28077 Filed 11–4–02; 8:45 am] stationary sources. December 5, 2002.
BILLING CODE 6560–50–P The emissions guidelines for small If the EPA receives such comments,
MWC units were originally promulgated then EPA will publish a document
in December 1995 but were vacated by withdrawing the final rule and
ENVIRONMENTAL PROTECTION the U.S. Court of Appeals for the District informing the public that the rule will
AGENCY of Columbia Circuit in March 1997. In not take effect. All public comments
response to the 1997 vacature, on received will then be addressed in a
40 CFR Part 62
August 30, 1999, EPA proposed to subsequent final rule based on the
[MS–200301(a); FRL–7404–2] reestablish emission guidelines for proposed rule. The EPA will not
small MWC units. On December 6, 2000 institute a second comment period.
Approval and Promulgation of State (65 FR 76378), EPA finalized the section Parties interested in commenting should
Plan for Designated Facilities and 111(d) emission guidelines for existing do so at this time. If no such comments
Pollutants; State of Mississippi small MWC units. The emission are received, the public is advised that
AGENCY: Environmental Protection guidelines contained in this final rule this rule will be effective on January 6,
Agency (EPA). are equivalent to the 1995 emission 2003 and no further action will be taken
ACTION: Direct final rule. guidelines for small MWC units. The on the proposed rule.
emission guidelines are codified at 40
SUMMARY: EPA is approving the small CFR part 60, subpart BBBB. Administrative Requirements
Municipal Waste Combustion (MWC) Subpart B of 40 CFR part 60 Under Executive Order 12866 (58 FR
units section 111(d) negative declaration establishes procedures to be followed 51735, October 4, 1993), this action is
submitted by the State of Mississippi. and requirements to be met in the not a ‘‘significant regulatory action’’ and
This negative declaration certifies that development and submission of state therefore is not subject to review by the
small MWC units subject to the plans for controlling designated Office of Management and Budget. For
requirements of section 111(d) and 129 pollutants. Part 62 of the CFR provides this reason, this action is also not
of the Clean Air Act (CAA) do not exist the procedural framework for the subject to Executive Order 13211,
in Mississippi. submission of these plans. When ‘‘Actions Concerning Regulations That
DATE: This direct final rule will be designated facilities are located in a Significantly Affect Energy Supply,
effective January 6, 2003 unless EPA state, a state must develop and submit Distribution, or Use’’ (66 FR 28355, May
receives adverse comments by a plan for the control of designated 22, 2001). This action merely approves
December 5, 2002. If adverse comments pollutant. However, 40 CFR 62.06 state law as meeting Federal
are received, EPA will publish a timely provides that if there are no existing requirements and imposes no additional
withdrawal of the direct final rule in the sources of the designated pollutants in requirements beyond those imposed by
Federal Register informing the public the state, the state may submit a letter state law. Accordingly, the
that the rule will not take effect. of certification to that effect, or negative Administrator certifies that this rule

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Federal Register / Vol. 67, No. 214 / Tuesday, November 5, 2002 / Rules and Regulations 67317

will not have a significant economic Enforcement Fairness Act of 1996, combustion units subject to 40 CFR part
impact on a substantial number of small generally provides that before a rule 60, subpart BBBB.
entities under the Regulatory Flexibility may take effect, the agency [FR Doc. 02–28079 Filed 11–4–02; 8:45 am]
Act (5 U.S.C. 601 et seq.). Because this promulgating the rule must submit a
rule approves pre-existing requirements rule report, which includes a copy of
under state law and does not impose the rule, to each House of the Congress
any additional enforceable duty beyond and to the Comptroller General of the ENVIRONMENTAL PROTECTION
that required by state law, it does not United States. EPA will submit a report AGENCY
contain any unfunded mandate or containing this rule and other required
significantly or uniquely affect small information to the U.S. Senate, the U.S. 40 CFR Part 80
governments, as described in the House of Representatives, and the
Unfunded Mandates Reform Act of 1995 Comptroller General of the United [AMS–FRL–7404–5]
(Pub. L. 104–4). States prior to publication of the rule in
This rule also does not have tribal the Federal Register. A major rule Clean Diesel Fuel Implementation
implications because it will not have a cannot take effect until 60 days after it Workshop
substantial direct effect on one or more is published in the Federal Register.
Indian tribes, on the relationship This action is not a ‘‘major rule’’ as AGENCY: Environmental Protection
between the Federal Government and defined by 5 U.S.C. section 804(2). Agency (EPA).
Indian tribes, or on the distribution of Under section 307(b)(1) of the Clean ACTION: Notice of meeting.
power and responsibilities between the Air Act, petitions for judicial review of
Federal Government and Indian tribes, this action must be filed in the United SUMMARY: The Environmental Protection
as specified by Executive Order 13175 States Court of Appeals for the Agency will be holding a Clean Diesel
(65 FR 67249, November 9, 2000). This appropriate circuit by January 6, 2003. Fuel Implementation Workshop
action also does not have Federalism Filing a petition for reconsideration by November 20 and 21 in Houston, Texas.
implications because it does not have the Administrator of this final rule does The clean diesel fuel program (66 FR
substantial direct effects on the States, not affect the finality of this rule for the 5002, January 18, 2001) establishes a
on the relationship between the national purposes of judicial review nor does it maximum sulfur content of 15 ppm for
government and the States, or on the extend the time within which a petition highway diesel fuel beginning in June
distribution of power and for judicial review may be filed, and 2006 to enable the advanced emission
responsibilities among the various shall not postpone the effectiveness of control devices that will be used on
levels of government, as specified in such rule or action. This action may not 2007 and later model year heavy-duty
Executive Order 13132 (64 FR 43255, diesel vehicles. The purpose of this
be challenged later in proceedings to
August 10, 1999). This action merely workshop is to assist regulated entities,
enforce its requirements. (See section
approves a state rule implementing a including refiners, fuel distributors, and
Federal standard, and does not alter the fuel marketers, with program
relationship or the distribution of power List of Subjects 40 CFR Part 62 implementation and compliance. The
and responsibilities established in the workshop is being sponsored by the
Environmental protection, Air
Clean Air Act. This rule also is not National Petrochemical and Refiners
pollution control, Municipal waste
subject to Executive Order 13045 Association (NPRA) in conjunction with
combustion units, Nitrogen dioxide,
‘‘Protection of Children from the Society of Independent Gasoline
Particulate matter, Sulfur oxides.
Environmental Health Risks and Safety Marketers of America (SIGMA), the
Risks’’ (62 FR 19885, April 23, 1997), Dated: October 24, 2002.
Association of Oil Pipelines (AOPL), the
because it is not economically A. Stanley Meiburg, National Association of Convenience
significant. Acting Regional Administrator, Region 4. Stores (NACS), the Independent Fuel
In reviewing SIP submissions, EPA’s Chapter I, title 40 of the Code of Terminal Operators Association
role is to approve state choices, Federal Regulations is amended as (IFTOA), and the Petroleum Marketers
provided that they meet the criteria of follows: Association of America (PMAA). EPA
the Clean Air Act. In this context, in the will present a summary of the clean
absence of a prior existing requirement PART 62—[AMENDED] diesel program, including recordkeeping
for the State to use voluntary consensus and reporting requirements, and
standards (VCS), EPA has no authority 1. The authority citation for part 62 enforcement provisions. The workshop
to disapprove a SIP submission for continues to read as follows: will also include a series of industry
failure to use VCS. It would thus be Authority: 42 U.S.C. 7401–7671q. panel sessions on developing solutions
inconsistent with applicable law for to program implementation challenges.
EPA, when it reviews a SIP submission, Subpart Z—Mississippi An agenda for the workshop will be
to use VCS in place of a SIP submission available in early November on the
that otherwise satisfies the provisions of 2. Subpart Z is amended by adding an clean diesel Web Page: http://
the Clean Air Act. Thus, the undesignated center heading and If you
requirements of section 12(d) of the § 62.6126 to read as follows: plan to attend the workshop, please
National Technology Transfer and AIR EMISSIONS FROM SMALL register at
Advancement Act of 1995 (15 U.S.C. EXISTING MUNICIPAL WASTE breg/diw02/index.cfm?x=1.
272 note) do not apply. This rule does COMBUSTION UNITS
not impose an information collection DATES: Wednesday, November 20, 2002,
burden under the provisions of the § 62.6126 Identification of plan—negative from 10 a.m. to 6 p.m., Thursday,
Paperwork Reduction Act of 1995 (44 declaration. November 21, 2002, from 8 a.m. to 12:30
U.S.C. 3501 et seq.). Letter from the Mississippi p.m.
The Congressional Review Act, 5 Department of Environmental Quality ADDRESSES: The Westin Galleria Hotel,
U.S.C. section 801 et seq., as added by submitted March 27, 2002, certifying 5060 W. Alabama Street, Houston,
the Small Business Regulatory that there are no small municipal waste Texas 77056, (713) 960–8100, (713)

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