Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Jefferson County, KY; and Forsyth County, NC; and Knox and Davidson Counties, TN, 27720-27722 [E9-13601]
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27720
Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
ENVIRONMENTAL PROTECTION
AGENCY
List of Subjects in 40 CFR Part 62
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.
■
40 CFR part 62 is amended as follows:
PART 62—[AMENDED]
1. The authority citation for Part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart S—[Kentucky]
2. Part 62 is amended by adding a new
undesignated center heading to subpart
S and a new § 62.4374 to read as
follows:
■
Air Emissions From Existing Hospital/
Medical/Infectious Waste Incinerators
(HMIWI)—SECTION 111(d)/129 Plan
§ 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]
4. Part 62 is amended by adding a new
undesignated center heading to subpart
RR and a new § 62.10633 to read as
follows:
■
Air Emissions From Existing Hospital/
Medical/Infectious Waste Incinerators
(HMIWI)—SECTION 111(d)/129 Plan
§ 62.10633 Identification of plan—negative
declaration.
cprice-sewell on PRODPC61 with RULES
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]
BILLING CODE 6560–50–P
VerDate Nov<24>2008
14:23 Jun 10, 2009
Jkt 217001
[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.
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
https://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 https://
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.
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
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 louis.egide@epa.gov.
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;
E:\FR\FM\11JNR1.SGM
11JNR1
Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations
cprice-sewell on PRODPC61 with RULES
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
VerDate Nov<24>2008
14:23 Jun 10, 2009
Jkt 217001
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.
■
40 CFR part 62 is amended as follows:
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
27721
PART 62—[AMENDED]
1. The authority citation for Part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart S—[Kentucky]
2. Part 62 is amended by adding a new
undesignated center heading to subpart
S and a new § 62.4373 to read as
follows:
■
Air Emissions From Existing Hospital/
Medical/Infectious Waste Incinerators
(HMIWI)—Section 111(d)/129 Plan
§ 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]
3. Part 62 is amended by adding a new
undesignated center heading to subpart
II and a new § 62.8356 to read as
follows:
■
Air Emissions From Existing Hospital/
Medical/Infectious Waste Incinerators
(HMIWI)—Section 111(d)/129 Plan
§ 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]
4. Part 62 is amended by adding a new
undesignated center heading to subpart
RR and a new § 62.10631 to read as
follows:
■
Air Emissions From Existing Hospital/
Medical/Infectious Waste Incinerators
(HMIWI)—Section 111(d)/129 Plan
§ 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
E:\FR\FM\11JNR1.SGM
11JNR1
27722
Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations
CFR part 60, subpart Ce in their
jurisdictions.
[FR Doc. E9–13601 Filed 6–10–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–RO4–OAR–2008–0161; FRL–8912–3]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; Davidson, Knox, and
Memphis-Shelby Counties, TN
cprice-sewell on PRODPC61 with RULES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule; notice of
administrative changes.
SUMMARY: EPA is notifying the public
that it has received negative
declarations for large Municipal Waste
Combustion (MWC) units from the
Nashville/Davidson County
Metropolitan Health Department, Knox
County Department Air Quality
Management, and Memphis-Shelby
County Health Department in
Tennessee. These negative declarations
certify that large MWC 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 Nashville/
Davidson County, Knox County, and
Memphis-Shelby 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
https://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 https://
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 3030–8960. 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.
VerDate Nov<24>2008
14:23 Jun 10, 2009
Jkt 217001
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 louis.egide@epa.gov.
SUPPLEMENTARY INFORMATION:
Sections 111(d) of the CAA requires
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 large
MWC units have been established by
EPA and the emission guidelines for
large MWC units were promulgated on
December 19, 1995. The emission
guidelines are codified at 40 CFR part
60, subpart Cb (see 60 FR 65387). On
August 25, 1997, EPA amended subpart
Cb to apply only to MWC units with an
individual capacity to combust more
than 250 tons per day of municipal solid
waste (see 62 FR 45116). 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. 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 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 Nashville/Davidson County
Metropolitan Health Department, Knox
County Department of Air Quality
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
Department, and Memphis-Shelby
County Health Department in Tennessee
have determined that there are no
designated facilities subject to the large
MWC emission guidelines in their
respective jurisdictions. Consequently,
Nashville/Davidson County, Knox
County, and Memphis-Shelby County,
Tennessee have submitted letters of
negative declaration certifying this fact.
Pursuant to 40 CFR part 60, subpart Cb
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
large MWC 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 large MWC
units from state and local agencies and
E:\FR\FM\11JNR1.SGM
11JNR1
]]>Agencies
[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Rules and Regulations]
[Pages 27720-27722]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-13601]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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
https://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 louis.egide@epa.gov.
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]
BILLING CODE 6560-50-P
