[Federal Register Volume 67, Number 245 (Friday, December 20, 2002)]
[Rules and Regulations]
[Pages 77926-77927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31977]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MS 23-1--200242(a); FRL-7424-3]


Approval and Promulgation of Implementation Plans for 
Mississippi: Infectious Waste Incinerator Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving a revision to the Mississippi State 
Implementation Plan (SIP) modifying infectious waste incineration 
requirements to reflect current Emissions Guidelines approved in the 
State for existing hospital/medical/infectious waste incinerator units 
(HMIWIs).

DATES: This direct final rule is effective February 18, 2003 without 
further notice, unless EPA receives adverse comment by January 21, 
2003. If adverse comment is received, EPA 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: All comments should be addressed to: Michele Notarianni, Air 
Planning Branch, U.S. Environmental Protection Agency Region 4, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. (404/562-9031 (phone) 
or [email protected] (e-mail).)
    Copies of the State submittal(s) are available at the following 
addresses for inspection during normal business hours:

Environmental Protection Agency, Region 4, Air Planning Branch, 61 
Forsyth Street, SW., Atlanta, Georgia 30303-8960. (Michele Notarianni, 
(404) 562-9031, [email protected])
Mississippi Department of Environmental Quality, Air Division, PO Box 
10385, Jackson, Mississippi 39289-0385. ((601) 961-5171).

FOR FURTHER INFORMATION CONTACT: Michele Notarianni at address listed 
above or 404/562-9031 (phone) or [email protected] (e-mail).

SUPPLEMENTARY INFORMATION:

I. Today's Action

    The EPA is approving revisions to rule APC-S-1 to reflect current 
requirements for existing HMIWIs as detailed in the Mississippi HMIWI 
State Plan. The State of Mississippi submitted both the Plan and these 
SIP revisions on May 5, 1999. In a separate notice, EPA approved the 
Mississippi HMIWI State Plan (65 FR 18252, April 7, 2000). The State 
Plan controls air emissions from existing HMIWIs in Mississippi, except 
for those HMIWIs located in Indian Country.
    The associated SIP revisions to rule APC-S-1 correct a section 
reference in Paragraph 8, ``Incineration,'' of Section 3, ``Specific 
Criteria for Sources of Particulate Matter,'' and change provisions 
listed in Paragraph 4, ``Additional Requirements for Infectious Waste 
Incineration,'' of Section 6, ``New Sources,'' to be consistent with 
the Mississippi HMIWI State Plan.

II. Final Action

    The EPA is approving into the Mississippi SIP revisions to rule 
APC-S-1 because they are consistent with the requirements of the Clean 
Air Act and EPA policy.
    The EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial submittal 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 the SIP revision should 
adverse comments be filed. This rule will be effective February 18, 
2003 without further notice unless the Agency receives adverse comments 
by January 21, 2003.
    If the EPA receives such comments, then EPA will publish a document 
withdrawing the final rule and informing the public that the 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 February 18, 2003 and no 
further action will be taken on the proposed rule.

III. Administrative 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). This action 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.

[[Page 77927]]

    In reviewing SIP 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 SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP 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. section 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. 
section 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 February 18, 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 section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Intergovernmental relations, Lead, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur oxides, 
Volatile organic compounds.

    Dated: December 2, 2002.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.

    Part 52 of chapter I, title 40, Code of Federal Regulations, is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42.U.S.C. 7401 et seq.

Subpart Z--Mississippi

    2. In Sec.  52.1270(c) the table is amended under subchapter APC-S-
1 by revising the entries ``Section 3'' and ``Section 6'' to read as 
follows:


Sec.  52.1270  Identification of plan.

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    (c) * * *

                                      EPA-Approved Mississippi Regulations
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                                                             State
          State citation               Title/subject       effective     EPA approval date         Comments
                                                             date
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APC-S-1                              Air Emission Regulations for the Prevention, Abatement, and Control of Air
                                                                    Contaminants
 
                                                  * * * * * * *
Section 3........................  Specific Criteria        05/28/99   12/20/02 [Insert FR
                                    for Sources of                      page citation].
                                    Particulate Matter.
 
                                                  * * * * * * *
Section 6........................  New Sources.........     05/28/99   12/20/02 [Insert FR   Subsection 2 Other
                                                                        page citation].       Limitations and
                                                                                              Subsection 3 NSPS
                                                                                              have not been
                                                                                              Federally
                                                                                              approved.
 
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[FR Doc. 02-31977 Filed 12-19-02; 8:45 am]
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