[Federal Register Volume 74, Number 56 (Wednesday, March 25, 2009)]
[Rules and Regulations]
[Pages 12560-12562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6615]
[[Page 12560]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2009-0110; FRL-8787-2]
Approval and Promulgation of Air Quality Implementation Plans;
West Virginia; Amendments to the Control of Air Pollution From
Combustion of Refuse
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve a revision to the
West Virginia State Implementation Plan (SIP). The SIP revision amends
a regulation to control air pollution from combustion of refuse. EPA is
approving these revisions in accordance with the requirements of the
Clean Air Act (CAA).
DATES: This rule is effective on May 26, 2009 without further notice,
unless EPA receives adverse written comment by April 24, 2009. If EPA
receives such comments, it 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: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2009-0110 by one of the following methods:
A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
B. E-mail: [email protected].
C. Mail: EPA-R03-OAR-2009-0110, Cristina Fernandez, Chief, Air
Quality Planning Branch, Mailcode 3AP21, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2009-0110. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
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 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 during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the West Virginia Department of Environmental
Protection, Division of Air Quality, 601 57th Street, SE., Charleston,
WV 25304.
FOR FURTHER INFORMATION CONTACT: Rose Quinto, (215) 814-2182, or by e-
mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On April 25, 2008, the West Virginia Department of Environmental
Protection (WVDEP) submitted a revision to its State Implementation
Plan (SIP) for the control of air pollution from combustion of refuse.
This SIP revision replaces the current 45CSR6 approved by EPA on April
10, 2003 (68 FR 6627).
II. Summary of SIP Revision
This SIP revision consists of amendments to West Virginia's Rule
45CSR6, which establishes emission standards for particulate matter and
requirements for activities involving incineration of refuse, which are
not subject to, or are exempted from, regulation under various Federal
counterpart regulations for specific combustion source categories. This
SIP revision prohibits, with limited exception, open burning and sets
forth the registration, permitting, reporting, testing, emergency,
natural disaster, and exemption provisions for activities involving the
combustion of refuse and land clearing debris. This SIP revision does
not prohibit bonfires, campfires or other forms of open burning for the
purposes of personal enjoyment and comfort.
Definitions were revised in this SIP revision as follows: (1)
Definitions for ``Agency Administrator,'' ``CFR,'' ``Prescribed
Burning,'' and ``Secretary'' were added; (2) Definitions for ``Clean
Lumber,'' ``Director,'' ``Wood Waste,'' and ``Yard Waste'' were
removed; and (3) Definitions for ``Incinerator,'' `` Incinerator
Capacity,'' ``Opacity,'' ``Open Burning,'' ``Pathological Waste,'' and
``Refuse'' were amended.
This SIP revision has new provisions for open burning or
incineration of animal or poultry carcasses during a declared state of
emergency involving highly contagious animal or poultry disease, and a
new provision for prescribed burning as approved by the West Virginia
Division of Forestry. The SIP revision has also a revised language and
a new definition for pathological waste incinerators burning at least
90 percent pathological waste, which are exempted from 45CSR18.
Other revisions to the rule include a revised title, addition of
new language for posted incinerator operating instructions, a new
exemption section, and general language clarification and correction.
III. Final Action
EPA is approving the amendments of Rule 45CSR6--Control of Air
Pollution from Combustion of Refuse, as a revision to the West Virginia
SIP. This SIP revision was submitted by WVDEP on April 25, 2008.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comment. However, in the ``Proposed Rules'' section of today's
Federal Register, EPA is publishing a separate document that will serve
as the proposal to approve the SIP revision if adverse comments are
filed. This rule will be effective on May 26, 2009 without further
notice unless EPA receives
[[Page 12561]]
adverse comment by April 24, 2009. If EPA receives adverse comment, EPA
will publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. EPA will address all public
comments in a subsequent final rule based on the proposed rule. EPA
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
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);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. 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 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. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
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 May 26, 2009. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking.
This action pertaining to the amendments of West Virginia's
regulation to control air pollution from combustion of refuse, may not
be challenged later in proceedings to enforce its requirements. (See
section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter, Recordkeeping and reporting.
Dated: March 4, 2009.
William T. Wisniewski,
Acting Regional Administrator, Region III.
0
40 CFR part 52 is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for 40 CFR part 52 continues to read as
follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart XX--West Virginia
0
2. In ( 52.2520, the table in paragraph (c) is amended by revising the
entries for 45CSR6, Sections 45-6-1 through 45-6-11 and adding an entry
for 45CSR6, Section 45-6-12. The amendments read as follows:
Sec. 52.2520 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Regulations in the West Virginia SIP
--------------------------------------------------------------------------------------------------------------------------------------------------------
State citation [Chapter 16-20 or State Additional explanation/citation at 40
45CSR] Title/subject effective date EPA approval date CFR 52.2565
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 12562]]
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[45CSR] Series 6 Control of Air Pollution From Combustion of Refuse
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 45-6-1...................... General.................. 6/1/08 3/25/09[Insert page number Added subsection 1.1.a.
where the document begins].
Section 45-6-2...................... Definitions.............. 6/1/08 3/25/09[Insert page number Terms added: ``Agency Administrator,''
where the document begins]. ``CFR,'' ``Prescribed Burning,'' and
``Secretary.''
Terms removed: ``Clean Lumber,''
``Director,'' ``Wood Waste,'' and
``Yard Waste.''
Terms amended: ``Incinerator,''
``Incinerator Capacity,'' ``Opacity,''
``Open Burning,'' ``Pathological
Waste,'' and ``Refuse.''
Section 45-6-3...................... Open Burning Prohibited.. 6/1/08 3/25/09[Insert page number Added subsection 3.1.e. (3.1.e.1
where the document begins]. through 3.1.e.6).
Revised subsections 3.1, 3.1.b,
3.1.c.3, and 3.2.a.
Section 45-6-4...................... Emission Standards for 6/1/08 3/25/09[Insert page number Deleted subsections 4.8, and 4.8.a
Incinerators. where the document begins]. through 4.8.d.
Revised subsections 4.1, 4.2, 4.3, 4.5,
4.7 and 4.8.e.
Added subsections 4.9 and 4.10.
Section 45-6-5...................... Registration............. 6/1/08 3/25/09[Insert page number Revised subsection 5.1.
where the document begins].
Section 45-6-6...................... Permits.................. 6/1/08 3/25/09[Insert page number Revised subsections 6.1, 6.1.a.3,
where the document begins]. 6.1.a.4, 6.1.b.3, 6.1.b.5, 6.1.b.6,
and 6.1.b.7.
Added subsection 6.2.
Section 45-6-7...................... Reports and Testing...... 6/1/08 3/25/09[Insert page number Revised subsections 7.1 and 7.2.
where the document begins].
Section 45-6-8...................... Variances................ 6/1/08 3/25/09[Insert page number Revised subsections 8.1 and 8.2.
where the document begins].
Section 45-6-9...................... Emergencies and Natural 6/1/08 3/25/09[Insert page number Revised subsection 9.1.
Disasters. where the document begins].
Added subsections 9.1.c, 9.2, and 9.2.a
through 9.2.c.
Section 45-6-10..................... Exemptions............... 6/1/08 3/25/09[Insert page number New Section.
where the document begins].
Section 45-6-11..................... Effect of the Rule....... 6/1/08 3/25/09[Insert page number Recodified--formerly section 45-6-10.
where the document begins].
Section 45-6-12..................... Inconsistency Between 6/1/08 3/25/09[Insert page number Recodified--formerly section 45-6-11.
Rules. where the document begins].
Revised subsection 12.1.
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[FR Doc. E9-6615 Filed 3-24-09; 8:45 am]
BILLING CODE 6560-50-P