[Federal Register Volume 77, Number 15 (Tuesday, January 24, 2012)]
[Rules and Regulations]
[Pages 3389-3391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1336]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2011-0848; FRL-9620-6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve a revision to the 
West Virginia hospital/medical/infectious waste incinerator (HMIWI) 
Section 111(d)/129 plan (the ``plan''). The revision contains a 
modified state rule for solid waste combustion that was updated as a 
result of the October 6, 2009 amendments to Federal Emission Guidelines 
(EG) and New Source Performance Standards (NSPS), 40 CFR part 60, 
subparts Ce and Ec respectively. While West Virginia's revised 
regulation contains requirements for various types of solid waste 
incineration units, the revisions and approval action relate only to 
HMIWI units.

DATES: This rule is effective March 26, 2012 without further notice, 
unless EPA receives adverse written comment by February 23, 2012. If 
EPA receives adverse comment, we will publish a timely withdrawal in 
the Federal Register informing the public that the rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0848 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. Email: [email protected].
    C. Mail: EPA-R03-OAR-2011-0848, Kathleen Cox, Associate Director, 
Office of Permits and Air Toxics, Mailcode 3AP10, 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-
2011-0848. 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 email. 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 email comment 
directly to EPA without going through www.regulations.gov, your email 
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, 
West Virginia 25304.

FOR FURTHER INFORMATION CONTACT: Mike Gordon, at (215) 814-2039, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Throughout this document, whenever ``we,'' ``us,'' or ``our'' is 
used, we mean EPA. Section 129 of the Clean Air Act (CAA) requires EPA 
to establish performance standards and emissions guidelines for various 
types of new and existing solid waste incineration units. Section 
129(b)(2) requires States to submit to EPA for approval state plans 
that implement and enforce the promulgated EG. Section 129(b)(3) 
requires EPA to promulgate a Federal Plan (FP) within two years from 
the date on which the EG, or revision, was promulgated. The FP is 
applicable to any affected facility if the state has failed to receive 
EPA approval of the state plan, or revision. The FP acts as an 
enforcement place holder until the state submits and receives EPA 
approval of its plan. State plan submittals must be consistent with the 
relevant emissions guidelines, in this instance 40 CFR part 60, subpart 
Ce, and the requirements of 40 CFR part 60, subpart B and part 62, 
subpart A. Section 129 of the CAA regulates a mixture of air pollutants 
including organics (dioxins/furans), carbon monoxide, metals (cadmium, 
lead, and mercury), acid gases (hydrogen chloride, sulfur dioxide, and 
nitrogen oxides) and particulate matter (which includes opacity).
    The initial West Virginia plan for HMIWI units was approved by EPA 
on June 13, 2000 (65 FR 37046). The plan approval is codified in 40 CFR 
part 62, subpart XX. On September 7, 2011, the West Virginia Department 
of Environmental Protection submitted to EPA a formal Section 111(d)/
129 plan revision for HMIWI units. The submitted plan revision was in 
response to the October 6, 2009 amendments to Federal EG and NSPS 
requirements for HMIWI units, 40 CFR part 60, subparts Ce and Ec, 
respectively (74 FR 51367). This rulemaking action will supersede EPA's 
August 3, 2009 (74 FR 38348) approval of West Virginia's initial plan 
revision. While the state rule revised by this action, 45CSR18, 
contains requirements for various types of solid waste incineration 
units, the revision to the plan by West Virginia and EPA's approval 
action relate only to HMIWI units.

II. Summary of West Virginia's HMIWI Plan Revision

    EPA has reviewed the West Virginia HMIWI plan revision submittal in 
the context of the requirements of 40 CFR part 60, subparts B and Ce, 
as amended, and part 62, subpart A. The submitted plan revision meets 
all the cited requirements and those as described in

[[Page 3390]]

EPA's June 13, 2000 West Virginia plan approval.

III. Final Action

    EPA is approving the West Virginia HMIWI Section 111(d)/129 plan 
revision to state rule 45CSR18 as a result of amendments to 40 CFR part 
60, subparts Ce and Ec. Therefore, EPA is amending 40 CFR part 62, 
subpart XX to reflect this action. This approval is based on the 
rationale discussed above and in further detail in the technical 
support document (TSD) associated with this action. This plan revision 
approval does not negate or void any of the initial June 13, 2000 plan 
approval requirements, including compliance dates for any affected 
facility. The scope of this plan revision approval is limited to the 
provisions of 40 CFR parts 60 and 62 for existing HMIWI units, as 
referenced in the EG, subpart Ce, and the related NSPS, subpart Ec, as 
amended.
    The EPA Administrator continues to retain authority for several 
tasks, as provided in section WV45CSR18-11. This retention of Federal 
authority also includes the granting of waivers for initial and annual 
compliance testing requirements.
    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 March 26, 2012 without further 
notice unless EPA receives adverse comment by February 23, 2012. 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.

IV. Statutory and Executive Order Reviews

A. General 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 
requirement, 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 (62 FR 19885, April 23, 
1997), because it approves a state rule implementing a Federal 
standard.
    In reviewing Section 111(d)/129 plan 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 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 Section 111(d)/129 plan submission, to 
use VCS in place of a Section 111(d)/129 plan 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.).

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 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 rule 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 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 March 26, 2012. 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 approving West Virginia's Section 111(d)/
129 plan revision for HMIWI sources may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(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: January 5, 2012.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 62, subpart XX, 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. Section 7401 et seq.

[[Page 3391]]

 Subpart XX--West Virginia

0
2. Section 62.12150 is amended by adding paragraph (c) to read as 
follows:


Sec.  62.12150  Identification of plan.

* * * * *
    (c) On September 7, 2011 the West Virginia Department of 
Environmental Protection submitted a State plan revision that updates 
the state rule for Control of Air Pollution from Combustion of Solid 
Waste in Hospital/Medical/Infectious Waste Incinerators, WV45CSR18.

0
3. Revise Sec.  62.12151 to read as follows:


Sec.  62.12151  Identification of sources.

    The plan applies to each individual HMIWI:
    (a) For which construction was commenced on or before June 20, 
1996, or for which modification was commenced on or before March 16, 
1998.
    (b) For which construction was commenced after June 20, 1996 but no 
later than December 1, 2008, or for which modification is commenced 
after March 16, 1998 but no later than April 6, 2010.

0
4. Section 62.12152 is amended by adding paragraph (c) to read as 
follows:


Sec.  61.12152  Effective date.

* * * * *
    (c) The September 7, 2011 plan revision is effective March 26, 
2012.

[FR Doc. 2012-1336 Filed 1-23-12; 8:45 am]
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