[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Rules and Regulations]
[Pages 27720-27722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13601]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-RO4-OAR-2008-0158; FRL-8912-5]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Jefferson County, KY; and Forsyth County, 
NC; and Knox and Davidson Counties, TN

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 Jefferson County Air Pollution Control District, Kentucky; 
Forsyth County Environmental Affairs Department, North Carolina; Knox 
County Department of Air Quality Management, and Nashville/Davidson 
County Metropolitan Health Department, Tennessee. 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 local air pollution control programs of Jefferson 
County, Kentucky; Forsyth County, North Carolina; Knox County, and 
Nashville/Davidson County, Tennessee.

DATES: This final action is effective July 13, 2009 without further 
notice.

ADDRESSES: Docket: All documents in the electronic docket are listed in 
the http://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 
http://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 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 Jefferson County Air Pollution Control District, KY; Forsyth 
County Environmental Affairs Department, NC;

[[Page 27721]]

Knox County Department of Air Quality Management, and Nashville/
Davidson County Metropolitan Health Department, TN, have determined 
there are no existing sources in their respective jurisdictions subject 
to the HMIWI units emission guidelines. Consequently, Jefferson County, 
Forsyth County, Knox County and Nashville/Davidson County 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 States or 
local agencies and does not alter the relationship or 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. 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.  62.4373 to read as follows:

Air Emissions From Existing Hospital/Medical/Infectious Waste 
Incinerators (HMIWI)--Section 111(d)/129 Plan


Sec.  62.4373  Identification of plan--negative declaration.

    Letter from Jefferson County Air Pollution Control District, KY, 
submitted on September 29, 1998, certifying that there are no Hospital/
Medical/Infectious Waste Incinerator units subject to 40 CFR part 60, 
subpart Ce in its jurisdiction.

Subpart II--[North Carolina]

0
3. Part 62 is amended by adding a new undesignated center heading to 
subpart II and a new Sec.  62.8356 to read as follows:

Air Emissions From Existing Hospital/Medical/Infectious Waste 
Incinerators (HMIWI)--Section 111(d)/129 Plan


Sec.  62.8356  Identification of plan--negative declaration.

    Letter from Forsyth County Environmental Affairs Department, NC, 
submitted on June 2, 1999, certifying that there are no Hospital/
Medical/Infectious Waste Incinerator units subject to 40 CFR part 60, 
subpart Ce in its jurisdictions.

Subpart RR--[Tennessee]

0
4. Part 62 is amended by adding a new undesignated center heading to 
subpart RR and a new Sec.  62.10631 to read as follows:

Air Emissions From Existing Hospital/Medical/Infectious Waste 
Incinerators (HMIWI)--Section 111(d)/129 Plan


Sec.  62.10631  Identification of plan--negative declarations.

    Letters from Knox County Department of Air Quality Management and 
Nashville/Davidson County Metropolitan Health Department, TN, submitted 
on Dec. 16, 2002, and Jan. 21, 1998, respectively, certifying that 
there are no Hospital/Medical/Infectious Waste Incinerator units 
subject to 40

[[Page 27722]]

CFR part 60, subpart Ce in their jurisdictions.

[FR Doc. E9-13601 Filed 6-10-09; 8:45 am]
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