[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Rules and Regulations]
[Pages 27718-27720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13599]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-RO4-OAR-2008-0160; FRL-8912-4]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; State of Tennessee and Commonwealth of
Kentucky
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule, notice of administrative change.
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SUMMARY: EPA is notifying the public that it has received negative
declarations for Hospital/Medical/Infectious Waste Incinerator (HMIWI)
units from the State of Tennessee and the Commonwealth of Kentucky.
These negative declarations certify that HMIWI units subject to the
requirements of sections 111(d) and 129 of the Clean Air Act (CAA) do
not exist in areas covered by the air pollution control programs of
Tennessee Division of Air Pollution Control and Kentucky Division for
Air Quality.
DATES: This final action is effective July 13, 2009 without further
notice.
ADDRESSES: Docket: All documents in the electronic docket are listed in
the www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is
[[Page 27719]]
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 Regulatory Development Section, Air Planning 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: Dr. Egide Louis, 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) 562-9240. Dr. Louis can also
be reached via electronic mail at [email protected].
SUPPLEMENTARY INFORMATION: Sections 111(d) and 129 of the CAA require
submittal of plans to control certain pollutants (designated
pollutants) at existing solid waste combustor 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 all existing HMIWI units (designated
facilities) constructed on or before June 20, 1996, have been
established by EPA, and emission guidelines for HMIWI units were
promulgated on September 15, 1997 (62 FR 48348). The emission
guidelines are codified at 40 CFR part 60, subpart Ce. Subpart B of 40
CFR part 60 establishes procedures to be followed and requirements to
be met in the development and submission of state plans for controlling
designated pollutants at designated facilities. Subpart A of 40 CFR
part 62 provides 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, 40 CFR 62.06 provides that if there
are no existing sources of the designated pollutants within the state
or local agency's 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.
Final Action
The State of Tennessee and the Commonwealth of Kentucky have
determined there are no existing HMIWI units in their jurisdictions.
Consequently, the State of Tennessee and the Commonwealth of Kentucky
have submitted letters of negative declaration certifying this fact.
Pursuant to 40 CFR part 60, subpart Ce, EPA is providing the public
with notice of these negative declarations. Notice of these negative
declarations will appear at 40 CFR part 62.
Statutory and Executive Order Reviews
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 notifies the public of negative declarations for HMIWI units
received by EPA from state or local agencies. This action imposes no
requirements. Accordingly, the Administrator certifies that this action
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 action is only a notice 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 action 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). This action merely notifies the public of
EPA's receipt of negative declarations for HMIWI units from state or
local agencies and does not alter the distribution of power and
responsibilities established in the Clean Air Act. This action 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.
With regard to negative declarations for HMIWI units received by
EPA from states or local agencies, EPA's role is only to notify the
public of the receipt of such negative declarations. 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 approve or
disapprove a CAA section 111(d)/129 plan submission for failure to use
VCS. It would thus be inconsistent with applicable law for EPA, when it
reviews a CAA section 111(d)/129 plan submission, to use VCS in place
of a CAA section 111(d)/129 plan submission that otherwise satisfies
the provisions of the CAA. 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 action does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.SC. 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. This action is not a rulemaking, however, 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.
[[Page 27720]]
This action is not a ``major rule'' as defined by 5 U.S.C. 804(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: April 10, 2009.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
0
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 S--[Kentucky]
0
2. Part 62 is amended by adding a new undesignated center heading to
subpart S and a new Sec. 62.4374 to read as follows:
Air Emissions From Existing Hospital/Medical/Infectious Waste
Incinerators (HMIWI)--SECTION 111(d)/129 Plan
Sec. 62.4374 Identification of plan--negative declaration.
Letter from Kentucky Division of Air Quality submitted on Dec. 1,
2000, certifying that there are no Hospital/Medical/Infectious Waste
Incinerator units subject to 40 CFR part 60, subpart Ce in its
jurisdiction.
Subpart RR--[Tennessee]
0
4. Part 62 is amended by adding a new undesignated center heading to
subpart RR and a new Sec. 62.10633 to read as follows:
Air Emissions From Existing Hospital/Medical/Infectious Waste
Incinerators (HMIWI)--SECTION 111(d)/129 Plan
Sec. 62.10633 Identification of plan--negative declaration.
Letter from Tennessee Division of Air Pollution Control submitted
on December 15, 2001, certifying that there are no Hospital/Medical/
Infectious Waste Incinerator units subject to 40 CFR parts 60, subpart
Ce in its jurisdiction.
[FR Doc. E9-13599 Filed 6-10-09; 8:45 am]
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