[Federal Register Volume 70, Number 220 (Wednesday, November 16, 2005)]
[Rules and Regulations]
[Pages 69455-69456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22701]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[VA139-5073a; FRL-7997-6]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants, Commonwealth of Virginia; Control 
of Emissions From Hospital/Medical/Infectious Waste Incinerator Units; 
Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; correcting amendment.

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SUMMARY: This document corrects an error in the rule Summary language 
of a final rule pertaining to EPA's approval of the Commonwealth of 
Virginia hospital/medical/infectious waste incinerator (HMIWI) section 
111(d)/129 plan submitted by the Virginia Department of Environmental 
Quality (DEQ).

DATES: Effective November 16, 2005.

FOR FURTHER INFORMATION CONTACT: James B. Topsale, at (215) 814-2190 or 
by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' or 
``our'' are used we mean EPA. On September 10, 2004 (69 FR 54753), we 
published a final rulemaking action announcing our approval of the 
Commonwealth of Virginia hospital/medical/infectious waste incinerator 
(HMIWI) section 111(d)/129 plan. In that document, we inadvertently 
included language relating to commercial and industrial solid waste 
incinerator units in the rule Summary. The intent of the rule Summary 
was to briefly describe the applicability and scope of the rule. This 
action corrects the erroneous language.
    In rule document 04-20429 published in the Federal Register on 
September 10, 2004 (69 FR 54753), on page 54753 of the Summary, first 
column, revise the third sentence to read, ``The plan establishes 
emission limits, monitoring, operating, and recordkeeping requirements 
for HMIWI units for which construction commenced on or before June 20, 
1996.'' This revision is consistent with the promulgated Identification 
of Sources Provision, section 62.11626, of the noted rule and the 
related emissions guidelines under 40 CFR part 60, subpart Ce.
    Section 553 of the Administrative Procedure Act, 5 U.S.C. 
553(b)(B), provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary or contrary 
to the public interest, the agency may issue a rule without providing 
notice and an opportunity for public comment. We have determined that 
there is good cause for making today's rule final without prior 
proposal and opportunity for comment because we are merely correcting 
an incorrect citation in a previous action. Thus, notice and public 
procedure are unnecessary. We find that this constitutes good cause 
under 5 U.S.C. 553(b)(B).

Statutory and Executive Order Reviews

    Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993), 
this action is not a ``significant regulatory action'' and is therefore 
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 Fed. Reg. 28355 (May 22, 2001)). 
Because the agency has made a ``good cause'' finding that this action 
is not subject to notice-and-comment requirements under the 
Administrative Procedures Act or any other statute as indicated in the 
Supplementary Information section above, it is not subject to the 
regulatory flexibility provisions of the Regulatory Flexibility Act (5 
U.S.C 601 et seq.), or to sections 202 and 205 of the Unfunded Mandates 
Reform Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action 
does not significantly or uniquely affect small governments or impose a 
significant intergovernmental mandate, as described in sections 203 and 
204 of UMRA. This rule also does 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), nor 
will it 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 
governments, as specified by Executive Order 13132 (64 FR 43255, August 
10, 1999). This rule also is not subject to Executive Order 13045 (62 
FR 19885, April 23, 1997), because it is not economically significant.
    This technical correction action does not involve technical 
standards; 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. The rule also does not involve special consideration of 
environmental justice related issues as required by Executive Order 
12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has 
taken the necessary steps to eliminate drafting errors and ambiguity, 
minimize potential litigation, and provide a clear legal standard for 
affected conduct, as required by section 3 of Executive Order 12988 (61 
FR 4729, February 7, 1996). EPA has complied with Executive Order 12630 
(53 FR 8859, March 15, 1998) by examining the takings implications of

[[Page 69456]]

the rule in accordance with the ``Attorney General's Supplemental 
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated 
Takings'' issued under the executive order. This rule does not impose 
an information collection burden under 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. Section 808 allows the issuing agency to 
make a rule effective sooner than otherwise provided by the CRA if the 
agency makes a good cause finding that notice and public procedure is 
impracticable, unnecessary or contrary to the public interest. This 
determination must be supported by a brief statement. 5 U.S.C. 808(2). 
As stated previously, EPA had made such a good cause finding, including 
the reasons therefore, and established an effective date of November 
16, 2005. 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. This correction to 
the rule Summary (VA139-5073a) for Virginia 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, Aluminum, Fertilizers, Fluoride, 
Intergovernmental relations, Paper and paper products industry, 
Phosphate, Reporting and recordkeeping requirements, Sulfur oxides, 
Sulfur acid plants, Waste treatment and disposal.

    Dated: November 8, 2005.
Donald S. Welsh,
Regional Administrator, EPA Region III.
[FR Doc. 05-22701 Filed 11-15-05; 8:45 am]
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