[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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