Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators, 18407-18415 [2011-7899]

Download as PDF Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations does not contain provisions which involve the use of technical standards. N. Paperwork Reduction Act: This rule making is proposed to implement an optional prioritized examination process. The primary impact of the change on the public is that applicants will have the option to request prioritized examination by paying appropriate fees, filing a complete application via the Office’s electronic filing system (EFS–Web) with any filing and excess claims fees due paid on filing, and limiting their applications to four independent claims and thirty total claims. An applicant who wishes to participate in the program must submit a certification and request to participate in the prioritized examination program, preferably by using Form PTO/SB/424. The Office of Management and Budget (OMB) has determined that, under 5 CFR 1320.3(h), Form PTO/SB/424 does not collect ‘‘information’’ within the meaning of the Paperwork Reduction Act of 1995. Therefore, this rule making does not impose additional collection requirements under the Paperwork Reduction Act which are subject to further review by OMB. Notwithstanding any other provision of law, no person is required to respond to nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB control number. List of Subjects in 37 CFR Part 1 Administrative practice and procedure, Courts, Freedom of Information, Inventions and patents, Reporting and recordkeeping requirements, Small businesses. For the reasons set forth in the preamble, 37 CFR part 1 is amended as follows: PART 1—RULES OF PRACTICE IN PATENT CASES 1. The authority citation for 37 CFR part 1 continues to read as follows: ■ Authority: 35 U.S.C. 2(b)(2). 2. Section 1.17 is amended by adding paragraph (c) and revising paragraph (i) to read as follows: sroberts on DSK69SOYB1PROD with RULES ■ § 1.17 Patent application and reexamination processing fees. * § 1.102 * * * * (c) For filing a request for prioritized examination under § 1.102(e) .... $4,000.00. * * * * * VerDate Mar<15>2010 18:27 Apr 01, 2011 Jkt 223001 (i) Processing fee for taking action under one of the following sections which refers to this paragraph: $130.00. § 1.28(c)(3)—for processing a nonitemized fee deficiency based on an error in small entity status. § 1.41—for supplying the name or names of the inventor or inventors after the filing date without an oath or declaration as prescribed by § 1.63, except in provisional applications. § 1.48—for correcting inventorship, except in provisional applications. § 1.52(d)—for processing a nonprovisional application filed with a specification in a language other than English. § 1.53(b)(3)—to convert a provisional application filed under § 1.53(c) into a nonprovisional application under § 1.53(b). § 1.55—for entry of late priority papers. § 1.71(g)(2)—for processing a belated amendment under § 1.71(g). § 1.99(e)—for processing a belated submission under § 1.99. § 1.102(e)—for requesting prioritized examination of an application. § 1.103(b)—for requesting limited suspension of action, continued prosecution application for a design patent (§ 1.53(d)). § 1.103(c)—for requesting limited suspension of action, request for continued examination (§ 1.114). § 1.103(d)—for requesting deferred examination of an application. § 1.217—for processing a redacted copy of a paper submitted in the file of an application in which a redacted copy was submitted for the patent application publication. § 1.221—for requesting voluntary publication or republication of an application. § 1.291(c)(5)—for processing a second or subsequent protest by the same real party in interest. § 1.497(d)—for filing an oath or declaration pursuant to 35 U.S.C. 371(c)(4) naming an inventive entity different from the inventive entity set forth in the international stage. § 3.81—for a patent to issue to assignee, assignment submitted after payment of the issue fee. * * * * * ■ 3. Section 1.102 is amended by revising paragraph (a) and adding paragraph (e) to read as follows: Advancement of examination. (a) Applications will not be advanced out of turn for examination or for further action except as provided by this part, or upon order of the Director to expedite the business of the Office, or upon filing PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 18407 of a request under paragraph (b) or (e) of this section or upon filing a petition or request under paragraph (c) or (d) of this section with a showing which, in the opinion of the Director, will justify so advancing it. * * * * * (e) A request for prioritized examination under this paragraph may be filed only with an original utility or plant nonprovisional application under 35 U.S.C. 111(a) that is complete as defined by § 1.51(b), with any fees due under § 1.16 paid on filing. If the application is a utility application, it must be filed via the Office’s electronic filing system (EFS–Web). A request for prioritized examination under this paragraph must be present upon filing and must be accompanied by the prioritized examination fee set forth in § 1.17(c), the processing fee set forth in § 1.17(i), and the publication fee set forth in § 1.18(d). Prioritized examination under this paragraph will not be accorded to a design application or reissue application, and will not be accorded to any application that contains or is amended to contain more than four independent claims, more than thirty total claims, or any multiple dependent claim. Dated: March 23, 2011. David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 2011–7807 Filed 4–1–11; 8:45 am] BILLING CODE 3510–16–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 60 [EPA–HQ–OAR–2006–0534; FRL–9289–6] RIN 2060–AQ24 Standards of Performance for New Stationary Sources and Emissions Guidelines for Existing Sources: Hospital/Medical/Infectious Waste Incinerators Environmental Protection Agency (EPA). ACTION: Final rule; amendments. AGENCY: On October 6, 2009, EPA promulgated its response to the remand of the new source performance standards and emissions guidelines for hospital/medical/infectious waste incinerators by the U.S. Court of Appeals for the District of Columbia Circuit and satisfied the Clean Air Act section 129(a)(5) requirement to conduct SUMMARY: E:\FR\FM\04APR1.SGM 04APR1 18408 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations a review of the standards every 5 years. This action promulgates amendments to the new source performance standards and emissions guidelines, correcting inadvertent drafting errors in the nitrogen oxides and sulfur dioxide emissions limits for large hospital/ medical/infectious waste incinerators in the new source performance standards, which did not correspond to our description of our standard-setting process, correcting erroneous crossreferences in the reporting and recordkeeping requirements in the new source performance standards, clarifying that compliance with the emission guidelines must be expeditious if a compliance extension is granted, correcting the inadvertent omission of delegation of authority provisions in the emission guidelines, correcting errors in the units’ description for several emissions limits in the emission guidelines and new source performance standards, and removing extraneous text from the hydrogen chloride emissions limit for large hospital/medical/infectious waste incinerators in the emission guidelines. DATES: This rule is effective as of May 4, 2011. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–HQ–OAR–2006–0534 and Legacy Docket ID Number A–91–61. All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., confidential business information or other information which disclosure is Category State/local/tribal Government ... sroberts on DSK69SOYB1PROD with RULES I. General Information A. Does the final action apply to me? B. Where can I get a copy of this document? C. Judicial Review II. Background III. Summary of the Final Amendments A. Nitrogen Oxides Emissions Limit B. Sulfur Dioxide Emissions Limit C. Reporting and Recordkeeping Requirements A. Does the final action apply to me? This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by the final action. To determine whether your facility would be affected by the final action, you should examine the applicability criteria in 40 CFR 60.50c of subpart Ec. If you have any questions regarding the applicability of the final action to a particular entity, contact the person Jkt 223001 A red-line version of the regulatory language that incorporates the changes in this action is available in the docket. I. General Information Regulated Entities. Categories and entities potentially affected by the final action are those which operate hospital/ medical/infectious waste incinerators (HMIWI). The new source performance standards (NSPS) and emissions guidelines (EG) for HMIWI affect the following categories of sources: Examples of potentially regulated entities 622110 622310 325411 325412 562213 611310 622110 541710 928110 622110 562213 611310 Federal Government ................. 18:24 Apr 01, 2011 D. Expeditious Compliance E. Delegation of Authority Provisions F. Units Descriptions of Emissions Limits G. Extraneous Text IV. Impacts of the Final Action V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act NAICS code Industry ..................................... VerDate Mar<15>2010 restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy form. Publicly available docket materials are available either electronically at https:// www.regulations.gov or in hard copy at the EPA Docket Center EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the EPA Docket Center is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: Ms. Amy Hambrick, Fuels and Incineration Group, Sector Policies and Programs Division (E143–03), Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541–0964; facsimile number: (919) 541–3470; e-mail address: hambrick.amy@epa.gov. SUPPLEMENTARY INFORMATION: Organization of This Document. The following outline is provided to aid in locating information in this preamble. Private hospitals, other health care facilities, commercial research laboratories, commercial waste disposal companies, private universities. Federal hospitals, other health care facilities, public health service, armed services. State/local hospitals, other health care facilities, state/local waste disposal services, state universities. B. Where can I get a copy of this document? In addition to being available in the docket, an electronic copy of the final action is available on the Worldwide Web through the Technology Transfer Network Web site (TTN Web). Following signature, EPA posted a copy of the final action on the TTN’s policy and guidance page for newly proposed or promulgated rules at https:// www.epa.gov/ttn/oarpg. The TTN Web provides information and technology exchange in various areas of air pollution control. C. Judicial Review listed in the preceding FOR FURTHER section. INFORMATION CONTACT PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 Under section 307(b)(1) of the Clean Air Act (CAA or Act), judicial review of E:\FR\FM\04APR1.SGM 04APR1 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations sroberts on DSK69SOYB1PROD with RULES this final rule is available only by filing a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit (the Court) by June 3, 2011. Under section 307(d)(7)(B) of the CAA, only an objection to this final rule that was raised with reasonable specificity during the period for public comment can be raised during judicial review. Section 307(d)(7)(B) of the CAA also provides a mechanism for EPA to convene a proceeding for reconsideration, ‘‘[i]f the person raising an objection can demonstrate to EPA that it was impracticable to raise such objection within [the period for public comment] or if the grounds for such objection arose after the period for public comment (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of the rule.’’ Any person seeking to make such a demonstration to us should submit a Petition for Reconsideration to the Office of the Administrator, Environmental Protection Agency, Room 3000, Ariel Rios Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with a copy to the person listed in the preceding FOR FURTHER INFORMATION CONTACT section, and the Associate General Counsel for the Air and Radiation Law Office, Office of General Counsel (Mail Code 2344A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20004. Moreover, under section 307(b)(2) of the CAA, the requirements established by this final rule may not be challenged separately in any civil or criminal proceedings brought by EPA to enforce these requirements. II. Background On September 15, 1997, EPA adopted NSPS (40 CFR part 60, subpart Ec) and EG (40 CFR part 60, subpart Ce) for HMIWI under the authority of sections 111 and 129 of the CAA. Emissions standards were adopted for the nine pollutants required to be regulated under CAA section 129—particulate matter (PM), lead (Pb), cadmium (Cd), mercury (Hg), chlorinated dibenzo-pdioxins/dibenzofurans, carbon monoxide, nitrogen oxides (NOX), hydrogen chloride (HCl), and sulfur dioxide (SO2). The EPA developed emissions limits for all nine pollutants for three HMIWI size subcategories (large, medium, and small) for the NSPS and four HMIWI size subcategories (large, medium, small, and small rural) for the EG. On March 2, 1999, the Court in Sierra Club v. EPA, 167 F.3d 658 (DC Cir. 1999) remanded the rule to EPA for further explanation regarding how EPA VerDate Mar<15>2010 18:24 Apr 01, 2011 Jkt 223001 derived the maximum achievable control technology floors for new and existing HMIWI. The Court did not vacate the regulations, and the regulations remained in effect during the remand. On October 6, 2009, EPA promulgated its response to the Court’s remand of the HMIWI regulations and also satisfied its requirement under CAA section 129(a)(5) to conduct a 5-year review of the HMIWI standards. The promulgated rule revised the NSPS and EG emissions limits for all nine of the CAA section 129 pollutants. Following promulgation of the revised emissions limits, an industry representative informed EPA of an error in the published NSPS emissions limit for NOX for large HMIWI, which did not appear to reflect EPA’s described analytical process for adopting the revised standards. On review, EPA staff determined that the published revised NOX NSPS for large HMIWI indeed did not reflect EPA’s intent in the final rule. EPA reviewed the other published NSPS and EG emissions limits for similar errors, and determined that the published revised SO2 NSPS for large HMIWI also did not reflect EPA’s intent in the final rule. Also after promulgation, a state agency representative informed EPA of an error in the published NSPS reporting and recordkeeping requirements, which incorrectly referred to § 60.56, instead of § 60.56c, in three separate paragraphs. To correct these errors, EPA issued proposed amendments on May 14, 2010, to the NSPS emissions limits for NOX and SO2 for large HMIWI and the NSPS reporting and recordkeeping provisions that have the incorrect cross-reference (75 FR 27249 (May 14, 2010)). EPA provided a public comment period that closed on June 28, 2010. No public comments were received on the proposed amendments during that period. Consequently, today’s final action promulgates the amendments as proposed, for the reasons explained in the proposal. Just prior to proposal of the May 14, 2010, amendments (but too late to be addressed in the proposed rule), EPA staff discovered that the HMIWI rule should be revised to clarify that compliance with the EG must be expeditious if a compliance extension is granted. After proposal of the May 14, 2010, amendments, EPA staff also noted that delegation of authority provisions had been inadvertently omitted from the EG for existing HMIWI. A state agency later informed EPA of an error in the units’ description for the Cd and Hg emissions limits in Table 1B to subpart Ec (NSPS). EPA reviewed the other PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 18409 emissions limits tables in the NSPS and EG and found similar errors in the units descriptions for other emissions limits. To address these errors and omissions, EPA is issuing additional amendments to the NSPS and EG, to be effective upon the effective date of this final rule specified above. III. Summary of the Final Amendments A. Nitrogen Oxides Emissions Limit EPA received no public comments regarding its proposed amendment to the NOX NSPS limit for new large HMIWI. For the reasons explained in the proposed rule (see 75 FR at 27251/ col. 2–27252/col. 1), today’s final action amends the HMIWI NSPS to include the correct NOX NSPS limit of 140 parts per million by volume (ppmv) for new large HMIWI, which matches the final NOX EG limit and reflects EPA’s intent in the October 6, 2009, final rule. B. Sulfur Dioxide Emissions Limit EPA also received no public comments on its proposed amendment to the SO2 NSPS for new large HMIWI. For the reasons explained in the proposed rule (see 75 FR at 27252/cols. 1–2), this final action amends the HMIWI NSPS to include the correct SO2 limit of 8.1 ppmv for new large HMIWI, which reflects EPA’s intent in the October 6, 2009, final rule. C. Reporting and Recordkeeping Requirements The NSPS reporting and recordkeeping requirements of the October 6, 2009, final rule include three separate cross-references to ‘‘§ 60.56(d), (h), or (j).’’ The correct cross-reference in each case should have been ‘‘§ 60.56c(d), (h), or (j),’’ consistent with the section numbering format for NSPS subpart Ec. EPA received no public comments on its proposed correction to the crossreferences. This final action amends the HMIWI NSPS to correctly crossreference to sections 60.56c(d), (h), or (j). D. Expeditious Compliance Section 129(f)(2) of the CAA states that performance standards and other requirements promulgated pursuant to this section and Section 111 and applicable to existing solid waste incineration units shall be effective as expeditiously as practicable after approval of a State plan under subsection (b)(2) (or promulgation of a plan by the Administrator under subsection (b)(3)) but in no event later than 3 years after the State plan is approved or 5 years after the date such standards or requirements are promulgated, whichever is earlier. E:\FR\FM\04APR1.SGM 04APR1 18410 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations sroberts on DSK69SOYB1PROD with RULES Just prior to proposal of the May 14, 2010, amendments (but too late to be addressed in the proposed rule), EPA staff discovered that paragraph (d)(3) of § 60.39e (compliance times) should be revised to clarify that compliance with the guidelines must be expeditious if a compliance extension is granted. We are amending the HMIWI EG to include this clarifying language. Specifically, we are adding the word ‘‘expeditious’’ to § 60.39e(d)(3) to state that if an extension is granted, require expeditious compliance with the emissions guidelines on or before the date 3 years after EPA approval of the State plan (but not later than September 16, 2002), for the emissions guidelines as promulgated on September 15, 1997, and on or before the date 3 years after EPA approval of an amended State plan (but not later than October 6, 2014), for the emissions guidelines as amended on October 6, 2009. This action will ensure that compliance with the EG will be ‘‘expeditious,’’ consistent with the requirements of CAA section 129(f)(2). E. Delegation of Authority Provisions Provisions regarding delegation of implementation and enforcement authorities are already present in the NSPS for new HMIWI. The NSPS delegation of authority provisions in the October 6, 2009, final rule specify that the following authorities are to be retained by the Administrator and not transferred to a state: • The requirements of § 60.56c(i) establishing operating parameters when using controls other than those listed in § 60.56c(d). • Approval of alternative methods of demonstrating compliance under § 60.8 including: Æ Approval of continuous emissions monitoring system (CEMS) for PM, HCl, multi-metals, and Hg where used for purposes of demonstrating compliance, Æ Approval of continuous automated sampling systems for dioxin/furan and Hg where used for purposes of demonstrating compliance, and Æ Approval of major alternatives to test methods; • Approval of major alternatives to monitoring; • Waiver of recordkeeping requirements; and • Performance test and data reduction waivers under § 60.8(b). Following the May 14, 2010, proposal of amendments to the October 6, 2009, final rule, EPA staff discovered that delegation of authority provisions had been inadvertently omitted from the EG. We are amending the HMIWI EG to include these delegations of authority VerDate Mar<15>2010 18:24 Apr 01, 2011 Jkt 223001 provisions. Specifically, we are adding a paragraph to § 60.32e of the EG stating that the authorities listed under § 60.50c(i) of the NSPS are to be retained by the Administrator and not be transferred to a state. This action will ensure consistency between the NSPS and EG regarding the implementation and enforcement authorities and avoid any confusion about which authorities can be delegated and exercised by the states and which authorities must be retained by EPA. F. Units Descriptions of Emissions Limits EPA was informed by a state agency post-proposal that the units’ description for the Cd and Hg emissions limits in Table 1B to subpart Ec (NSPS) included both the concentration units and the not-promulgated percent reduction alternative. Table 1B to subpart Ec includes the amended emissions limits for new HMIWI in the October 6, 2009, final rule, which appropriately do not include a not-promulgated percent reduction alternative. We are amending Table 1B to subpart Ec effective immediately to remove the units’ description for the notpromulgated percent reduction alternative and avoid any confusion regarding the elimination of the percent reduction alternative for new HMIWI in the October 6, 2009, final rule. EPA found similar errors after reviewing the other emissions limits tables in the NSPS and EG. First, the October 6, 2009, amendments to Table 1A to subpart Ce (EG) mistakenly removed the units’ description for the previously promulgated percent reduction alternative for HCl, Pb, Cd, and Hg. Table 1A to subpart Ce includes the emissions limits from the September 15, 1997, EG, including the percent reduction alternative, to which existing HMIWI are subject until revised or new state plans are issued based on the October 6, 2009, amendments (which do not include the percent reduction alternative). Second, the October 6, 2009, amendments to Table 1A to subpart Ec (NSPS) mistakenly removed the units’ description for the previously promulgated percent reduction alternative for HCl and Pb. Table 1A to subpart Ec includes the emissions limits from the September 15, 1997, NSPS, including the percent reduction alternative. Those emissions limits apply to HMIWI that commenced construction after June 20, 1996, but no later than December 1, 2008, or commenced modification after March 16, 1998, but no later than April 6, 2010, PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 except where the emissions limits in the amended EG are more stringent. We are amending Table 1A to subpart Ce and Table 1A to subpart Ec to restore the units’ description for the percent reduction alternative for these pollutants and avoid any confusion regarding the use of a percent reduction alternative for existing and new HMIWI under the original September 15, 1997, rule. G. Extraneous Text In the course of reviewing the unit’s descriptions of the emissions limits, we discovered that some extraneous text had been included with the HCl NSPS limit for new large HMIWI in Table 1A to subpart Ec. (As noted previously, Table 1A to subpart Ec includes the emissions limits from the September 15, 1997, NSPS.) We are amending Table 1A to subpart Ec to remove the extraneous text and thereby avoid any confusion regarding the HCl NSPS limit for new large HMIWI in Table 1A to subpart Ec. IV. Impacts of the Final Action Based on the stringency of the HMIWI standards promulgated on October 6, 2009, sources would likely respond to the HMIWI rule by choosing not to construct new HMIWI and would use alternative waste disposal options rather than incur the costs of compliance. Considering this information, we do not anticipate any new HMIWI, and, therefore, no costs or impacts are associated with the final NSPS amendments for NOX and SO2 for new large units. However, in the unlikely event that a new unit is constructed, we estimated costs and impacts expected for each of three HMIWI model plants (large, medium, and small), which we entered into the docket for the October 6, 2009, promulgation. (See 2009 memoranda entitled ‘‘Revised Compliance Costs and Economic Inputs for New HMIWI’’ and ‘‘Revised Baseline Emissions and Emissions Reductions for Existing and New HMIWI,’’ which are included in the docket.) We estimated baseline NOX emissions of 80 ppmv and baseline SO2 emissions of 0.84 ppmv for the large HMIWI model plant, based on the average NOX and SO2 emissions measured at the latest large HMIWI to be installed since the 1997 rule. Consequently, the NOX and SO2 emissions associated with the large HMIWI model plant are already below both the incorrect NOX and SO2 emissions limits of 130 ppmv and 1.6 ppmv, respectively, promulgated in the October 6, 2009, Federal Register notice, and the correct NOX and SO2 E:\FR\FM\04APR1.SGM 04APR1 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations emissions limits of 140 ppmv and 8.1 ppmv, respectively, being promulgated in today’s action. Therefore, even if a new large unit were constructed, we would estimate no cost savings or negative impacts associated with today’s final amendments to the NOX and SO2 emissions limits for new large HMIWI. None of the other amendments in today’s final action change the requirements of the HMIWI rule, and, therefore, will not result in any impacts. V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review This final action is not a ‘‘significant regulatory action’’ under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is, therefore, not subject to review under the Executive Order. B. Paperwork Reduction Act This final action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et seq. Burden is defined at 5 CFR 1320.3(b). This final action only includes revised NOX and SO2 emissions limits for new large HMIWI, and, as noted previously, no new HMIWI are anticipated. Consequently, this final action will not impose any additional information collection burden for new sources. sroberts on DSK69SOYB1PROD with RULES C. Regulatory Flexibility Act The Regulatory Flexibility Act generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedures Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of this final action on small entities, small entity is defined as follows: (1) A small business as defined by the Small Business Administration’s regulations at 13 CFR 121.201; (2) a small governmental jurisdiction that is a government of a city, county, town, school district, or special district with a population of less than 50,000; or (3) a small organization that is any not-forprofit enterprise that is independently owned and operated and is not dominant in its field. After considering the economic impacts of this final rule on small VerDate Mar<15>2010 18:24 Apr 01, 2011 Jkt 223001 entities, I certify that this final action will not have a significant economic impact on a substantial number of small entities. This final rule will not impose any requirements on small entities. This final action only includes revised NOX and SO2 emissions limits for new large HMIWI, and no new HMIWI are anticipated. D. Unfunded Mandates Reform Act This action contains no federal mandates under the provisions of Title II of the Unfunded Mandates Reform Act (UMRA), 2 U.S.C. 1531–1538 for state, local, or tribal governments, or the private sector. This final action imposes no enforceable duty on any state, local, or tribal governments, or the private sector. Therefore, this final action is not subject to the requirements of sections 202 or 205 of the UMRA. This final action is also not subject to the requirements of section 203 of UMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments. Because this final rule’s requirements apply equally to HMIWI units owned and/or operated by governments or HMIWI units owned and/or operated by private entities, there would be no requirements that uniquely apply to such government or impose any disproportionate impacts on them. E. Executive Order 13132: Federalism This final rule does not have federalism implications. It will 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. This final action will not impose substantial direct compliance costs on state or local governments, and will not preempt state law. Thus, Executive Order 13132 does not apply to this rule. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249; November 9, 2000). EPA is not aware of any HMIWI owned or operated by Indian tribal governments. Thus, Executive Order 13175 does not apply to this final action. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks EPA interprets Executive Order 13045 (62 FR 19885; April 23, 1997) as PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 18411 applying to those regulatory actions that concern health or safety risks, such that the analysis required under section 5– 501 of the Executive Order has the potential to influence the regulation. This action is not subject to Executive Order 13045 because it is based solely on technology performance. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (‘‘NTTAA’’), Public Law 104–113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards (VCS) in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by VCS bodies. The NTTAA directs EPA to provide Congress, through the Office of Management and Budget, explanations when the Agency decides not to use available and applicable VCS. This action does not involve technical standards. Therefore, EPA did not consider the use of any VCS. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 (59 FR 7629, February 16, 1994) establishes Federal executive policy on environmental justice (EJ). Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make EJ part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations, and low-income populations in the United States. EPA has determined that this final rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment. This rule amendment E:\FR\FM\04APR1.SGM 04APR1 18412 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations affects only new large units, and no new units are anticipated to be constructed. This rule amendment does not relax the control measures on sources regulated by the rule will therefore not cause emissions increased from these sources. K. Congressional Review Act 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 Congress and to the Comptroller General of the United States. EPA will submit a report containing this final 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 this final 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). This final rule will be effective on May 4, 2011. List of Subjects in 40 CFR Part 60 Environmental protection, Administrative practice and procedure, Air pollution control, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: March 29, 2011. Lisa P. Jackson, Administrator. § 60.32e Designated facilities. * * * * * (k) The authorities listed under § 60.50c(i) shall be retained by the Administrator and not be transferred to a state. 3. Section 60.39e is amended by revising paragraph (d)(3) to read as follows: ■ § 60.39e Compliance times. * For the reasons stated in the preamble, Title 40, chapter I, part 60 of the Code of Federal Regulations is amended as follows: PART 60—[AMENDED] 1. The authority citation for part 60 continues to read as follows: ■ Authority: 42 U.S.C. 7401, et seq. Subpart Ce—[Amended] 2. Section 60.32e is amended by adding paragraph (k) to read as follows: ■ * * * * (d) * * * (3) If an extension is granted, require expeditious compliance with the emissions guidelines on or before the date 3 years after EPA approval of the state plan (but not later than September 16, 2002), for the emissions guidelines as promulgated on September 15, 1997, and on or before the date 3 years after EPA approval of an amended state plan (but not later than October 6, 2014), for the emissions guidelines as amended on October 6, 2009. * * * * * ■ 4. Table 1A to subpart Ce is revised to read as follows: TABLE 1A TO SUBPART Ce OF PART 60—EMISSIONS LIMITS FOR SMALL, MEDIUM, AND LARGE HMIWI AT DESIGNATED FACILITIES AS DEFINED IN § 60.32e(a)(1) Emissions limits Units (7 percent oxygen, dry basis) Pollutant Averaging time 1 HMIWI size Small Medium Method for demonstrating compliance 2 EPA Reference Method 5 of appendix A– 3 of part 60, or EPA Reference Method 26A or 29 of appendix A–8 of part 60. EPA Reference Method 10 or 10B of appendix A–4 of part 60. EPA Reference Method 23 of appendix A–7 of part 60. Large Particulate matter ......... Milligrams per dry standard cubic meter (mg/dscm) (grains per dry standard cubic foot (gr/dscf)). 115 (0.05) ............. 69 (0.03) ............... 34 (0.015) ............. 3-run average (1-hour minimum sample time per run). Carbon monoxide ......... Parts per million by volume (ppmv). 40 ......................... 40 ......................... 40 ......................... 3-run average (1-hour minimum sample time per run). Dioxins/furans ............... Nanograms per dry standard cubic meter total dioxins/furans (ng/dscm) (grains per billion dry standard cubic feet (gr/109 dscf)) or ng/dscm TEQ (gr/109 dscf). ppmv or percent reduction. 125 (55) or 2.3 (1.0). 125 (55) or 2.3 (1.0). 125 (55) or 2.3 (1.0). 3-run average (4-hour minimum sample time per run). 100 or 93% ........... 100 or 93% ........... 100 or 93% ........... 3-run average (1-hour minimum sample time per run). Sulfur dioxide ............... ppmv ........................... 55 ......................... 55 ......................... 55 ......................... Nitrogen oxides ............ ppmv ........................... 250 ....................... 250 ....................... 250 ....................... Lead ............................. mg/dscm (grains per thousand dry standard cubic feet (gr/103 dscf)) or percent reduction. mg/dscm (gr/103 dscf) or percent reduction. 1.2 (0.52) or 70% 1.2 (0.52) or 70% 1.2 (0.52) or 70% 3-run average (1-hour minimum sample time per run). 3-run average (1-hour minimum sample time per run). 3-run average (1-hour minimum sample time per run). EPA Reference Method 26 or 26A of appendix A–8 of part 60. EPA Reference Method 6 or 6C of appendix A–4 of part 60. EPA Reference Method 7 or 7E of appendix A–4 of part 60. EPA Reference Method 29 of appendix A–8 of part 60. 0.16 (0.07) or 65% 0.16 (0.07) or 65% 0.16 (0.07) or 65% 3-run average (1-hour minimum sample time per run). EPA Reference Method 29 of appendix A–8 of part 60. Fmt 4700 E:\FR\FM\04APR1.SGM sroberts on DSK69SOYB1PROD with RULES Hydrogen chloride ........ Cadmium ...................... VerDate Mar<15>2010 18:24 Apr 01, 2011 Jkt 223001 PO 00000 Frm 00066 Sfmt 4700 04APR1 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations 18413 TABLE 1A TO SUBPART Ce OF PART 60—EMISSIONS LIMITS FOR SMALL, MEDIUM, AND LARGE HMIWI AT DESIGNATED FACILITIES AS DEFINED IN § 60.32e(a)(1)—Continued Emissions limits Units (7 percent oxygen, dry basis) Pollutant Averaging time 1 Small Mercury ........................ Method for demonstrating compliance 2 3-run average (1-hour minimum sample time per run). EPA Reference Method 29 of appendix A–8 of part 60. HMIWI size Large 0.55 (0.24) or 85% mg/dscm (gr/103 dscf) or percent reduction. Medium 0.55 (0.24) or 85% 0.55 (0.24) or 85% 1 Except 2 Does as allowed under § 60.56c(c) for HMIWI equipped with CEMS. not include CEMS and approved alternative non-EPA test methods allowed under § 60.56c(b). Subpart Ec—[Amended] 5. Section 60.58c is amended by revising paragraphs (d)(1) through (3) to read as follows: ■ § 60.58c Reporting and recordkeeping requirements. * * * * * (d) * * * (1) The values for the site-specific operating parameters established pursuant to § 60.56c(d), (h), or (j), as applicable. (2) The highest maximum operating parameter and the lowest minimum operating parameter, as applicable, for each operating parameter recorded for the calendar year being reported, pursuant to § 60.56c(d), (h), or (j), as applicable. (3) The highest maximum operating parameter and the lowest minimum operating parameter, as applicable, for each operating parameter recorded pursuant to § 60.56c(d), (h), or (j) for the calendar year preceding the year being reported, in order to provide the Administrator with a summary of the performance of the affected facility over a 2-year period. * * * * * ■ 6. Table 1A to subpart Ec is revised to read as follows: TABLE 1A TO SUBPART Ec OF PART 60—EMISSIONS LIMITS FOR SMALL, MEDIUM, AND LARGE HMIWI AT AFFECTED FACILITIES AS DEFINED IN § 60.50c(a)(1) AND (2) Emissions limits Units (7 percent oxygen, dry basis) Pollutant Averaging time 1 HMIWI size Small Medium Large Method for demonstrating compliance 2 Particulate matter ......... Milligrams per dry standard cubic meter (grains per dry standard cubic foot). 69 (0.03) ............... 34 (0.015) ............. 34 (0.015) ............. 3-run average (1-hour minimum sample time per run). Carbon monoxide ......... Parts per million by volume. 40 ......................... 40 ......................... 40 ......................... 3-run average (1-hour minimum sample time per run). Dioxins/furans ............... Nanograms per dry standard cubic meter total dioxins/furans (grains per billion dry standard cubic feet) or nanograms per dry standard cubic meter TEQ (grains per billion dry standard cubic feet). Parts per million by volume or percent reduction. 125 (55) or 2.3 (1.0). 25 (11) or 0.6 (0.26). 25 (11) or 0.6 (0.26). 3-run average (4-hour minimum sample time per run). 15 or 99% ............. 15 or 99% ............. 15 or 99% ............. 3-run average (1-hour minimum sample time per run). Sulfur dioxide ............... Parts per million by volume. 55 ......................... 55 ......................... 55 ......................... Nitrogen oxides ............ Parts per million by volume. 250 ....................... 250 ....................... 250 ....................... Lead ............................. Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) or percent reduction. Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) or percent reduction. 1.2 (0.52) or 70% 0.07 (0.03) or 98% 0.07 (0.03) or 98% 3-run average (1-hour minimum sample time per run). 3-run average (1-hour minimum sample time per run). 3-run average (1-hour minimum sample time per run). EPA Reference Method 26 or 26A of appendix A–8 of part 60. EPA Reference Method 6 or 6C of appendix A–4 of part 60. EPA Reference Method 7 or 7E of appendix A–4 of part 60. EPA Reference Method 29 of appendix A–8 of part 60. 0.16 (0.07) or 65% 0.04 (0.02) or 90% 0.04 (0.02) or 90% 3-run average (1-hour minimum sample time per run). EPA Reference Method 29 of appendix A–8 of part 60. Fmt 4700 E:\FR\FM\04APR1.SGM sroberts on DSK69SOYB1PROD with RULES Hydrogen chloride ........ Cadmium ...................... VerDate Mar<15>2010 18:24 Apr 01, 2011 Jkt 223001 PO 00000 Frm 00067 Sfmt 4700 04APR1 EPA Reference Method 5 of appendix A– 3 of part 60, or EPA Reference Method M 26A or 29 of appendix A–8 of part 60. EPA Reference Method 10 or 10B of appendix A–4 of part 60. EPA Reference Method 23 of appendix A–7 of part 60. 18414 Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations TABLE 1A TO SUBPART Ec OF PART 60—EMISSIONS LIMITS FOR SMALL, MEDIUM, AND LARGE HMIWI AT AFFECTED FACILITIES AS DEFINED IN § 60.50c(a)(1) AND (2)—Continued Emissions limits Units (7 percent oxygen, dry basis) Pollutant Averaging time 1 Small Mercury ........................ Method for demonstrating compliance 2 3-run average (1-hour minimum sample time per run). EPA Reference Method 29 of appendix A–8 of part 60. HMIWI size Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet) or percent reduction. Medium Large 0.55 (0.24) or 85% 0.55 (0.24) or 85% 0.55 (0.24) or 85% 1 Except 2 Does as allowed under § 60.56c(c) for HMIWI equipped with CEMS. not include CEMS and approved alternative non-EPA test methods allowed under § 60.56c(b). ■ 7. Table 1B to Subpart Ec is revised to read as follows: TABLE 1B TO SUBPART Ec OF PART 60—EMISSIONS LIMITS FOR SMALL, MEDIUM, AND LARGE HMIWI AT AFFECTED FACILITIES AS DEFINED IN § 60.50C(a)(3) AND (4) Emissions limits Units (7 percent oxygen, dry basis) Pollutant HMIWI size Averaging time 1 Small Medium Method for demonstrating compliance 2 Large Particulate matter ......... Milligrams per dry standard cubic meter (grains per dry standard cubic foot). 66 (0.029) ............. 22 (0.0095) ........... 18 (0.0080) ........... 3-run average (1-hour minimum sample time per run). Carbon monoxide ......... Parts per million by volume. 20 ......................... 1.8 ........................ 11 ......................... 3-run average (1-hour minimum sample time per run). Dioxins/furans ............... Nanograms per dry standard cubic meter total dioxins/furans (grains per billion dry standard cubic feet) or nanograms per dry standard cubic meter TEQ (grains per billion dry standard cubic feet). Parts per million by volume. 16 (7.0) or 0.013 (0.0057). 0.47 (0.21) or 0.014 (0.0061). 9.3 (4.1) or 0.035 (0.015). 3-run average (4-hour minimum sample time per run). 15 ......................... 7.7 ........................ 5.1 ........................ 3-run average (1-hour minimum sample time per run). Sulfur dioxide ............... Parts per million by volume. 1.4 ........................ 1.4 ........................ 8.1 ........................ Nitrogen oxides ............ Parts per million by volume. 67 ......................... 67 ......................... 140 ....................... Lead ............................. Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet). Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet). Milligrams per dry standard cubic meter (grains per thousand dry standard cubic feet). 0.31 (0.14) ............ 0.018 (0.0079) ...... 0.00069 (0.00030) 3-run average (1-hour minimum sample time per run). 3-run average (1-hour minimum sample time per run). 3-run average (1-hour minimum sample time per run). EPA Reference Method 26 or 26A of appendix A–8 of part 60. EPA Reference Method 6 or 6C of appendix A–4 of part 60. EPA Reference Method 7 or 7E of appendix A–4 of part 60. EPA Reference Method 29 of appendix A–8 of part 60. 0.017 (0.0074) ...... 0.0098 (0.0043) .... 0.00013 (0.000057). 3-run average (1-hour minimum sample time per run). EPA Reference Method 29 of appendix A–8 of part 60. 0.014 (0.0061) ...... 0.0035 (0.0015) .... 0.0013 (0.00057) .. 3-run average (1-hour minimum sample time per run). EPA Reference Method 29 of appendix A–8 of part 60. Hydrogen chloride ........ Cadmium ...................... sroberts on DSK69SOYB1PROD with RULES Mercury ........................ 1 Except 2 Does as allowed under § 60.56c(c) for HMIWI equipped with CEMS. not include CEMS and approved alternative non-EPA test methods allowed under § 60.56c(b). VerDate Mar<15>2010 18:24 Apr 01, 2011 Jkt 223001 PO 00000 Frm 00068 Fmt 4700 Sfmt 9990 E:\FR\FM\04APR1.SGM 04APR1 EPA Reference Method 5 of appendix A– 3 of part 60, or EPA Reference Method M 26A or 29 of appendix A–8 of part 60. EPA Reference Method 10 or 10B of appendix A–4 of part 60. EPA Reference Method 23 of appendix A–7 of part 60. Federal Register / Vol. 76, No. 64 / Monday, April 4, 2011 / Rules and Regulations BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 75 Continuous Emission Monitoring CFR Correction In Title 40 of the Code of Federal Regulations, Parts 72 to 80, revised as of July 1, 2010, on page 219, in § 75.11, paragraph (f) is added to read as follows: § 75.11 Specific provisions for monitoring SO2 emissions. * * * * * (f) Other units. The owner or operator of an affected unit that combusts wood, refuse, or other material in addition to oil or gas shall comply with the monitoring provisions for coal-fired units specified in paragraph (a) of this section, except where the owner or operator has an approved petition to use the provisions of paragraph (e)(1) of this section. [FR Doc. 2011–8004 Filed 4–1–11; 8:45 am] BILLING CODE 1505–01–D FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [MB Docket No. 09–123; RM–11546, DA 11–501] Television Broadcasting Services; New Haven, CT Federal Communications Commission. ACTION: Final rule. AGENCY: The Commission grants a petition for rulemaking filed by Connecticut Public Broadcasting, Inc. (‘‘CPBI’’), the licensee of noncommercial educational station WEDY, New Haven, Connecticut, requesting the substitution of channel *41 for channel *6 at New Haven. CPBI’s channel *6 facility is subject to substantial levels of new interference from other post-transition stations’ power increases, and the substitution of channel *41 will resolve any interference being experienced by CPBI’s viewers. DATES: This rule is effective May 4, 2011. SUMMARY: sroberts on DSK69SOYB1PROD with RULES This is a synopsis of the Commission’s Report and Order, MB Docket No. 09–123, adopted March 15, 2011, and released March 16, 2011. The full text of this document is available for public inspection and copying during normal business hours in the FCC’s Reference Information Center at Portals II, CY– A257, 445 12th Street, SW., Washington, DC 20554. This document will also be available via ECFS (https:// fjallfoss.fcc.gov/ecfs/). This document may be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC 20554, telephone 1–800–478–3160 or via the company’s Web site, https://www.bcipweb.com. To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202– 418–0530 (voice), 202–418–0432 (tty). This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, therefore, it does not contain any information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Provisions of the Regulatory Flexibility Act of 1980 do not apply to this proceeding. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional review Act, see 5 U.S.C. 801(a)(1)(A). § 73.622 List of Subjects in 47 CFR Part 73 SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: [FR Doc. 2011–7899 Filed 4–1–11; 8:45 am] Television. Federal Communications Commission. Barbara A. Kreisman, Chief, Video Division, Media Bureau. Final Rule For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: FOR FURTHER INFORMATION CONTACT: ■ Joyce L. Bernstein, joyce.bernstein@fcc.gov, Media Bureau, (202) 418–1600. Authority: 47 U.S.C. 154, 303, 334, 336, and 339. VerDate Mar<15>2010 18:24 Apr 01, 2011 Jkt 223001 PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 18415 [Amended] 2. Section 73.622(i), the PostTransition Table of DTV Allotments under Connecticut, is amended by adding channel *41 and removing channel *6 at New Haven. ■ [FR Doc. 2011–7789 Filed 4–1–11; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 001005281–0369–02] RIN 0648–XA01 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Closure National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS closes the northern Florida west coast subzone to the commercial harvest of king mackerel in or from the exclusive economic zone (EEZ). This closure is necessary to protect the Gulf king mackerel resource. DATES: This rule is effective 12:01 a.m., local time, April 04, 2011, until 12:01 a.m., local time, July 1, 2011, unless changed by further notice in the Federal Register. FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727–824– 5305, or e-mail: susan.gerhart@noaa.gov. SUMMARY: The fishery for coastal migratory pelagic fish (king mackerel, Spanish mackerel, cero, cobia, little tunny, and, in the Gulf of Mexico (Gulf) only, dolphin and bluefish) is managed under the Fishery Management Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic (FMP). The FMP was prepared by the Gulf of Mexico and South Atlantic Fishery Management Councils (Councils) and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. On April 27, 2000, NMFS implemented the final rule (65 FR 16336, March 28, 2000) that divided the Florida west coast subzone of the Gulf E:\FR\FM\04APR1.SGM 04APR1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 76, Number 64 (Monday, April 4, 2011)]
[Rules and Regulations]
[Pages 18407-18415]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7899]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2006-0534; FRL-9289-6]
RIN 2060-AQ24

Standards of Performance for New Stationary Sources and Emissions
Guidelines for Existing Sources: Hospital/Medical/Infectious Waste
Incinerators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; amendments.

-----------------------------------------------------------------------

SUMMARY: On October 6, 2009, EPA promulgated its response to the remand
of the new source performance standards and emissions guidelines for
hospital/medical/infectious waste incinerators by the U.S. Court of
Appeals for the District of Columbia Circuit and satisfied the Clean
Air Act section 129(a)(5) requirement to conduct

[[Page 18408]]

a review of the standards every 5 years. This action promulgates
amendments to the new source performance standards and emissions
guidelines, correcting inadvertent drafting errors in the nitrogen
oxides and sulfur dioxide emissions limits for large hospital/medical/
infectious waste incinerators in the new source performance standards,
which did not correspond to our description of our standard-setting
process, correcting erroneous cross-references in the reporting and
recordkeeping requirements in the new source performance standards,
clarifying that compliance with the emission guidelines must be
expeditious if a compliance extension is granted, correcting the
inadvertent omission of delegation of authority provisions in the
emission guidelines, correcting errors in the units' description for
several emissions limits in the emission guidelines and new source
performance standards, and removing extraneous text from the hydrogen
chloride emissions limit for large hospital/medical/infectious waste
incinerators in the emission guidelines.

DATES: This rule is effective as of May 4, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-HQ-OAR-2006-0534 and Legacy Docket ID Number A-91-61. All
documents in the docket are listed in the https://www.regulations.gov
index. Although listed in the index, some information is not publicly
available, e.g., confidential business information or other information
which disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically at https://www.regulations.gov or in hard copy at the EPA
Docket Center EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC 20460. The Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is (202) 566-1744, and the
telephone number for the EPA Docket Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Hambrick, Fuels and
Incineration Group, Sector Policies and Programs Division (E143-03),
Environmental Protection Agency, Research Triangle Park, North Carolina
27711; telephone number: (919) 541-0964; facsimile number: (919) 541-
3470; e-mail address: hambrick.amy@epa.gov.

SUPPLEMENTARY INFORMATION: Organization of This Document. The following
outline is provided to aid in locating information in this preamble.

I. General Information
A. Does the final action apply to me?
B. Where can I get a copy of this document?
C. Judicial Review
II. Background
III. Summary of the Final Amendments
A. Nitrogen Oxides Emissions Limit
B. Sulfur Dioxide Emissions Limit
C. Reporting and Recordkeeping Requirements
D. Expeditious Compliance
E. Delegation of Authority Provisions
F. Units Descriptions of Emissions Limits
G. Extraneous Text
IV. Impacts of the Final Action
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act

A red-line version of the regulatory language that incorporates the
changes in this action is available in the docket.

I. General Information

A. Does the final action apply to me?

Regulated Entities. Categories and entities potentially affected by
the final action are those which operate hospital/medical/infectious
waste incinerators (HMIWI). The new source performance standards (NSPS)
and emissions guidelines (EG) for HMIWI affect the following categories
of sources:

----------------------------------------------------------------------------------------------------------------
Category NAICS code Examples of potentially regulated entities
----------------------------------------------------------------------------------------------------------------
Industry...................................... 622110 Private hospitals, other health care facilities,
622310 commercial research laboratories, commercial
325411 waste disposal companies, private universities.
325412
562213
611310
Federal Government............................ 622110 Federal hospitals, other health care facilities,
541710 public health service, armed services.
928110
State/local/tribal Government................. 622110 State/local hospitals, other health care
562213 facilities, state/local waste disposal
611310 services, state universities.
----------------------------------------------------------------------------------------------------------------

This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by the final
action. To determine whether your facility would be affected by the
final action, you should examine the applicability criteria in 40 CFR
60.50c of subpart Ec. If you have any questions regarding the
applicability of the final action to a particular entity, contact the
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.

B. Where can I get a copy of this document?

In addition to being available in the docket, an electronic copy of
the final action is available on the Worldwide Web through the
Technology Transfer Network Web site (TTN Web). Following signature,
EPA posted a copy of the final action on the TTN's policy and guidance
page for newly proposed or promulgated rules at https://www.epa.gov/ttn/oarpg. The TTN Web provides information and technology exchange in
various areas of air pollution control.

C. Judicial Review

Under section 307(b)(1) of the Clean Air Act (CAA or Act), judicial
review of

[[Page 18409]]

this final rule is available only by filing a petition for review in
the U.S. Court of Appeals for the District of Columbia Circuit (the
Court) by June 3, 2011. Under section 307(d)(7)(B) of the CAA, only an
objection to this final rule that was raised with reasonable
specificity during the period for public comment can be raised during
judicial review. Section 307(d)(7)(B) of the CAA also provides a
mechanism for EPA to convene a proceeding for reconsideration, ``[i]f
the person raising an objection can demonstrate to EPA that it was
impracticable to raise such objection within [the period for public
comment] or if the grounds for such objection arose after the period
for public comment (but within the time specified for judicial review)
and if such objection is of central relevance to the outcome of the
rule.'' Any person seeking to make such a demonstration to us should
submit a Petition for Reconsideration to the Office of the
Administrator, Environmental Protection Agency, Room 3000, Ariel Rios
Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with a
copy to the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section, and the Associate General Counsel for the Air and
Radiation Law Office, Office of General Counsel (Mail Code 2344A),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20004. Moreover, under section 307(b)(2) of the CAA, the
requirements established by this final rule may not be challenged
separately in any civil or criminal proceedings brought by EPA to
enforce these requirements.

II. Background

On September 15, 1997, EPA adopted NSPS (40 CFR part 60, subpart
Ec) and EG (40 CFR part 60, subpart Ce) for HMIWI under the authority
of sections 111 and 129 of the CAA. Emissions standards were adopted
for the nine pollutants required to be regulated under CAA section
129--particulate matter (PM), lead (Pb), cadmium (Cd), mercury (Hg),
chlorinated dibenzo-p-dioxins/dibenzofurans, carbon monoxide, nitrogen
oxides (NOX), hydrogen chloride (HCl), and sulfur dioxide
(SO2). The EPA developed emissions limits for all nine
pollutants for three HMIWI size subcategories (large, medium, and
small) for the NSPS and four HMIWI size subcategories (large, medium,
small, and small rural) for the EG.
On March 2, 1999, the Court in Sierra Club v. EPA, 167 F.3d 658 (DC
Cir. 1999) remanded the rule to EPA for further explanation regarding
how EPA derived the maximum achievable control technology floors for
new and existing HMIWI. The Court did not vacate the regulations, and
the regulations remained in effect during the remand.
On October 6, 2009, EPA promulgated its response to the Court's
remand of the HMIWI regulations and also satisfied its requirement
under CAA section 129(a)(5) to conduct a 5-year review of the HMIWI
standards. The promulgated rule revised the NSPS and EG emissions
limits for all nine of the CAA section 129 pollutants.
Following promulgation of the revised emissions limits, an industry
representative informed EPA of an error in the published NSPS emissions
limit for NOX for large HMIWI, which did not appear to
reflect EPA's described analytical process for adopting the revised
standards. On review, EPA staff determined that the published revised
NOX NSPS for large HMIWI indeed did not reflect EPA's intent
in the final rule. EPA reviewed the other published NSPS and EG
emissions limits for similar errors, and determined that the published
revised SO2 NSPS for large HMIWI also did not reflect EPA's
intent in the final rule. Also after promulgation, a state agency
representative informed EPA of an error in the published NSPS reporting
and recordkeeping requirements, which incorrectly referred to Sec.
60.56, instead of Sec. 60.56c, in three separate paragraphs.
To correct these errors, EPA issued proposed amendments on May 14,
2010, to the NSPS emissions limits for NOX and
SO2 for large HMIWI and the NSPS reporting and recordkeeping
provisions that have the incorrect cross-reference (75 FR 27249 (May
14, 2010)). EPA provided a public comment period that closed on June
28, 2010. No public comments were received on the proposed amendments
during that period. Consequently, today's final action promulgates the
amendments as proposed, for the reasons explained in the proposal.
Just prior to proposal of the May 14, 2010, amendments (but too
late to be addressed in the proposed rule), EPA staff discovered that
the HMIWI rule should be revised to clarify that compliance with the EG
must be expeditious if a compliance extension is granted. After
proposal of the May 14, 2010, amendments, EPA staff also noted that
delegation of authority provisions had been inadvertently omitted from
the EG for existing HMIWI. A state agency later informed EPA of an
error in the units' description for the Cd and Hg emissions limits in
Table 1B to subpart Ec (NSPS). EPA reviewed the other emissions limits
tables in the NSPS and EG and found similar errors in the units
descriptions for other emissions limits. To address these errors and
omissions, EPA is issuing additional amendments to the NSPS and EG, to
be effective upon the effective date of this final rule specified
above.

III. Summary of the Final Amendments

A. Nitrogen Oxides Emissions Limit

EPA received no public comments regarding its proposed amendment to
the NOX NSPS limit for new large HMIWI. For the reasons
explained in the proposed rule (see 75 FR at 27251/col. 2-27252/col.
1), today's final action amends the HMIWI NSPS to include the correct
NOX NSPS limit of 140 parts per million by volume (ppmv) for
new large HMIWI, which matches the final NOX EG limit and
reflects EPA's intent in the October 6, 2009, final rule.

B. Sulfur Dioxide Emissions Limit

EPA also received no public comments on its proposed amendment to
the SO2 NSPS for new large HMIWI. For the reasons explained
in the proposed rule (see 75 FR at 27252/cols. 1-2), this final action
amends the HMIWI NSPS to include the correct SO2 limit of
8.1 ppmv for new large HMIWI, which reflects EPA's intent in the
October 6, 2009, final rule.

C. Reporting and Recordkeeping Requirements

The NSPS reporting and recordkeeping requirements of the October 6,
2009, final rule include three separate cross-references to ``Sec.
60.56(d), (h), or (j).'' The correct cross-reference in each case
should have been ``Sec. 60.56c(d), (h), or (j),'' consistent with the
section numbering format for NSPS subpart Ec. EPA received no public
comments on its proposed correction to the cross-references. This final
action amends the HMIWI NSPS to correctly cross-reference to sections
60.56c(d), (h), or (j).

D. Expeditious Compliance

Section 129(f)(2) of the CAA states that performance standards and
other requirements promulgated pursuant to this section and Section 111
and applicable to existing solid waste incineration units shall be
effective as expeditiously as practicable after approval of a State
plan under subsection (b)(2) (or promulgation of a plan by the
Administrator under subsection (b)(3)) but in no event later than 3
years after the State plan is approved or 5 years after the date such
standards or requirements are promulgated, whichever is earlier.

[[Page 18410]]

Just prior to proposal of the May 14, 2010, amendments (but too
late to be addressed in the proposed rule), EPA staff discovered that
paragraph (d)(3) of Sec. 60.39e (compliance times) should be revised
to clarify that compliance with the guidelines must be expeditious if a
compliance extension is granted. We are amending the HMIWI EG to
include this clarifying language. Specifically, we are adding the word
``expeditious'' to Sec. 60.39e(d)(3) to state that if an extension is
granted, require expeditious compliance with the emissions guidelines
on or before the date 3 years after EPA approval of the State plan (but
not later than September 16, 2002), for the emissions guidelines as
promulgated on September 15, 1997, and on or before the date 3 years
after EPA approval of an amended State plan (but not later than October
6, 2014), for the emissions guidelines as amended on October 6, 2009.
This action will ensure that compliance with the EG will be
``expeditious,'' consistent with the requirements of CAA section
129(f)(2).

E. Delegation of Authority Provisions

Provisions regarding delegation of implementation and enforcement
authorities are already present in the NSPS for new HMIWI. The NSPS
delegation of authority provisions in the October 6, 2009, final rule
specify that the following authorities are to be retained by the
Administrator and not transferred to a state:
The requirements of Sec. 60.56c(i) establishing operating
parameters when using controls other than those listed in Sec.
60.56c(d).
Approval of alternative methods of demonstrating
compliance under Sec. 60.8 including:
[cir] Approval of continuous emissions monitoring system (CEMS) for
PM, HCl, multi-metals, and Hg where used for purposes of demonstrating
compliance,
[cir] Approval of continuous automated sampling systems for dioxin/
furan and Hg where used for purposes of demonstrating compliance, and
[cir] Approval of major alternatives to test methods;
Approval of major alternatives to monitoring;
Waiver of recordkeeping requirements; and
Performance test and data reduction waivers under Sec.
60.8(b).
Following the May 14, 2010, proposal of amendments to the October
6, 2009, final rule, EPA staff discovered that delegation of authority
provisions had been inadvertently omitted from the EG. We are amending
the HMIWI EG to include these delegations of authority provisions.
Specifically, we are adding a paragraph to Sec. 60.32e of the EG
stating that the authorities listed under Sec. 60.50c(i) of the NSPS
are to be retained by the Administrator and not be transferred to a
state. This action will ensure consistency between the NSPS and EG
regarding the implementation and enforcement authorities and avoid any
confusion about which authorities can be delegated and exercised by the
states and which authorities must be retained by EPA.

F. Units Descriptions of Emissions Limits

EPA was informed by a state agency post-proposal that the units'
description for the Cd and Hg emissions limits in Table 1B to subpart
Ec (NSPS) included both the concentration units and the not-promulgated
percent reduction alternative. Table 1B to subpart Ec includes the
amended emissions limits for new HMIWI in the October 6, 2009, final
rule, which appropriately do not include a not-promulgated percent
reduction alternative.
We are amending Table 1B to subpart Ec effective immediately to
remove the units' description for the not-promulgated percent reduction
alternative and avoid any confusion regarding the elimination of the
percent reduction alternative for new HMIWI in the October 6, 2009,
final rule.
EPA found similar errors after reviewing the other emissions limits
tables in the NSPS and EG. First, the October 6, 2009, amendments to
Table 1A to subpart Ce (EG) mistakenly removed the units' description
for the previously promulgated percent reduction alternative for HCl,
Pb, Cd, and Hg. Table 1A to subpart Ce includes the emissions limits
from the September 15, 1997, EG, including the percent reduction
alternative, to which existing HMIWI are subject until revised or new
state plans are issued based on the October 6, 2009, amendments (which
do not include the percent reduction alternative).
Second, the October 6, 2009, amendments to Table 1A to subpart Ec
(NSPS) mistakenly removed the units' description for the previously
promulgated percent reduction alternative for HCl and Pb. Table 1A to
subpart Ec includes the emissions limits from the September 15, 1997,
NSPS, including the percent reduction alternative. Those emissions
limits apply to HMIWI that commenced construction after June 20, 1996,
but no later than December 1, 2008, or commenced modification after
March 16, 1998, but no later than April 6, 2010, except where the
emissions limits in the amended EG are more stringent.
We are amending Table 1A to subpart Ce and Table 1A to subpart Ec
to restore the units' description for the percent reduction alternative
for these pollutants and avoid any confusion regarding the use of a
percent reduction alternative for existing and new HMIWI under the
original September 15, 1997, rule.

G. Extraneous Text

In the course of reviewing the unit's descriptions of the emissions
limits, we discovered that some extraneous text had been included with
the HCl NSPS limit for new large HMIWI in Table 1A to subpart Ec. (As
noted previously, Table 1A to subpart Ec includes the emissions limits
from the September 15, 1997, NSPS.) We are amending Table 1A to subpart
Ec to remove the extraneous text and thereby avoid any confusion
regarding the HCl NSPS limit for new large HMIWI in Table 1A to subpart
Ec.

IV. Impacts of the Final Action

Based on the stringency of the HMIWI standards promulgated on
October 6, 2009, sources would likely respond to the HMIWI rule by
choosing not to construct new HMIWI and would use alternative waste
disposal options rather than incur the costs of compliance. Considering
this information, we do not anticipate any new HMIWI, and, therefore,
no costs or impacts are associated with the final NSPS amendments for
NOX and SO2 for new large units.
However, in the unlikely event that a new unit is constructed, we
estimated costs and impacts expected for each of three HMIWI model
plants (large, medium, and small), which we entered into the docket for
the October 6, 2009, promulgation. (See 2009 memoranda entitled
``Revised Compliance Costs and Economic Inputs for New HMIWI'' and
``Revised Baseline Emissions and Emissions Reductions for Existing and
New HMIWI,'' which are included in the docket.) We estimated baseline
NOX emissions of 80 ppmv and baseline SO2
emissions of 0.84 ppmv for the large HMIWI model plant, based on the
average NOX and SO2 emissions measured at the
latest large HMIWI to be installed since the 1997 rule. Consequently,
the NOX and SO2 emissions associated with the
large HMIWI model plant are already below both the incorrect
NOX and SO2 emissions limits of 130 ppmv and 1.6
ppmv, respectively, promulgated in the October 6, 2009, Federal
Register notice, and the correct NOX and SO2

[[Page 18411]]

emissions limits of 140 ppmv and 8.1 ppmv, respectively, being
promulgated in today's action. Therefore, even if a new large unit were
constructed, we would estimate no cost savings or negative impacts
associated with today's final amendments to the NOX and
SO2 emissions limits for new large HMIWI.
None of the other amendments in today's final action change the
requirements of the HMIWI rule, and, therefore, will not result in any
impacts.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

This final action is not a ``significant regulatory action'' under
the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and
is, therefore, not subject to review under the Executive Order.

B. Paperwork Reduction Act

This final action does not impose an information collection burden
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501, et
seq. Burden is defined at 5 CFR 1320.3(b). This final action only
includes revised NOX and SO2 emissions limits for
new large HMIWI, and, as noted previously, no new HMIWI are
anticipated. Consequently, this final action will not impose any
additional information collection burden for new sources.

C. Regulatory Flexibility Act

The Regulatory Flexibility Act generally requires an agency to
prepare a regulatory flexibility analysis of any rule subject to notice
and comment rulemaking requirements under the Administrative Procedures
Act or any other statute unless the agency certifies that the rule will
not have a significant economic impact on a substantial number of small
entities. Small entities include small businesses, small organizations,
and small governmental jurisdictions.
For purposes of assessing the impacts of this final action on small
entities, small entity is defined as follows: (1) A small business as
defined by the Small Business Administration's regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district, or special district with a
population of less than 50,000; or (3) a small organization that is any
not-for-profit enterprise that is independently owned and operated and
is not dominant in its field.
After considering the economic impacts of this final rule on small
entities, I certify that this final action will not have a significant
economic impact on a substantial number of small entities. This final
rule will not impose any requirements on small entities. This final
action only includes revised NOX and SO2
emissions limits for new large HMIWI, and no new HMIWI are anticipated.

D. Unfunded Mandates Reform Act

This action contains no federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act (UMRA), 2 U.S.C. 1531-1538
for state, local, or tribal governments, or the private sector. This
final action imposes no enforceable duty on any state, local, or tribal
governments, or the private sector. Therefore, this final action is not
subject to the requirements of sections 202 or 205 of the UMRA.
This final action is also not subject to the requirements of
section 203 of UMRA because it contains no regulatory requirements that
might significantly or uniquely affect small governments. Because this
final rule's requirements apply equally to HMIWI units owned and/or
operated by governments or HMIWI units owned and/or operated by private
entities, there would be no requirements that uniquely apply to such
government or impose any disproportionate impacts on them.

E. Executive Order 13132: Federalism

This final rule does not have federalism implications. It will 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. This final action will not
impose substantial direct compliance costs on state or local
governments, and will not preempt state law. Thus, Executive Order
13132 does not apply to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249; November 9, 2000). EPA is not aware
of any HMIWI owned or operated by Indian tribal governments. Thus,
Executive Order 13175 does not apply to this final action.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

EPA interprets Executive Order 13045 (62 FR 19885; April 23, 1997)
as applying to those regulatory actions that concern health or safety
risks, such that the analysis required under section 5-501 of the
Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it is based
solely on technology performance.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards (VCS) in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by VCS bodies. The NTTAA directs EPA to provide Congress,
through the Office of Management and Budget, explanations when the
Agency decides not to use available and applicable VCS.
This action does not involve technical standards. Therefore, EPA
did not consider the use of any VCS.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice (EJ). Its main
provision directs federal agencies, to the greatest extent practicable
and permitted by law, to make EJ part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations, and low-income populations in the
United States.
EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This rule amendment

[[Page 18412]]

affects only new large units, and no new units are anticipated to be
constructed. This rule amendment does not relax the control measures on
sources regulated by the rule will therefore not cause emissions
increased from these sources.

K. Congressional Review Act

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 Congress and to the Comptroller General
of the United States. EPA will submit a report containing this final
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 this final 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). This final rule will be effective on May 4, 2011.

List of Subjects in 40 CFR Part 60

Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.

Dated: March 29, 2011.
Lisa P. Jackson,
Administrator.

For the reasons stated in the preamble, Title 40, chapter I, part
60 of the Code of Federal Regulations is amended as follows:

PART 60--[AMENDED]

0
1. The authority citation for part 60 continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

Subpart Ce--[Amended]

0
2. Section 60.32e is amended by adding paragraph (k) to read as
follows:

Sec. 60.32e Designated facilities.

* * * * *
(k) The authorities listed under Sec. 60.50c(i) shall be retained
by the Administrator and not be transferred to a state.

0
3. Section 60.39e is amended by revising paragraph (d)(3) to read as
follows:

Sec. 60.39e Compliance times.

* * * * *
(d) * * *
(3) If an extension is granted, require expeditious compliance with
the emissions guidelines on or before the date 3 years after EPA
approval of the state plan (but not later than September 16, 2002), for
the emissions guidelines as promulgated on September 15, 1997, and on
or before the date 3 years after EPA approval of an amended state plan
(but not later than October 6, 2014), for the emissions guidelines as
amended on October 6, 2009.
* * * * *

0
4. Table 1A to subpart Ce is revised to read as follows:

Table 1A to Subpart Ce of Part 60--Emissions Limits for Small, Medium, and Large HMIWI at Designated Facilities as Defined in Sec. 60.32e(a)(1)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Emissions limits
Units (7 percent --------------------------------------------------------------------- Method for
Pollutant oxygen, dry HMIWI size Averaging time demonstrating
basis) --------------------------------------------------------------------- \1\ compliance \2\
Small Medium Large
--------------------------------------------------------------------------------------------------------------------------------------------------------
Particulate matter........... Milligrams per 115 (0.05)........... 69 (0.03)............ 34 (0.015)........... 3-run average (1- EPA Reference
dry standard hour minimum Method 5 of
cubic meter (mg/ sample time per appendix A-3 of
dscm) (grains run). part 60, or EPA
per dry Reference
standard cubic Method 26A or
foot (gr/dscf)). 29 of appendix
A-8 of part 60.
Carbon monoxide.............. Parts per 40................... 40................... 40................... 3-run average (1- EPA Reference
million by hour minimum Method 10 or
volume (ppmv). sample time per 10B of appendix
run). A-4 of part 60.
Dioxins/furans............... Nanograms per 125 (55) or 2.3 (1.0) 125 (55) or 2.3 (1.0) 125 (55) or 2.3 (1.0) 3-run average (4- EPA Reference
dry standard hour minimum Method 23 of
cubic meter sample time per appendix A-7 of
total dioxins/ run). part 60.
furans (ng/
dscm) (grains
per billion dry
standard cubic
feet (gr/10\9\
dscf)) or ng/
dscm TEQ (gr/
10\9\ dscf).
Hydrogen chloride............ ppmv or percent 100 or 93%........... 100 or 93%........... 100 or 93%........... 3-run average (1- EPA Reference
reduction. hour minimum Method 26 or
sample time per 26A of appendix
run). A-8 of part 60.
Sulfur dioxide............... ppmv............ 55................... 55................... 55................... 3-run average (1- EPA Reference
hour minimum Method 6 or 6C
sample time per of appendix A-4
run). of part 60.
Nitrogen oxides.............. ppmv............ 250.................. 250.................. 250.................. 3-run average (1- EPA Reference
hour minimum Method 7 or 7E
sample time per of appendix A-4
run). of part 60.
Lead......................... mg/dscm (grains 1.2 (0.52) or 70%.... 1.2 (0.52) or 70%.... 1.2 (0.52) or 70%.... 3-run average (1- EPA Reference
per thousand hour minimum Method 29 of
dry standard sample time per appendix A-8 of
cubic feet (gr/ run). part 60.
10\3\ dscf)) or
percent
reduction.
Cadmium...................... mg/dscm (gr/ 0.16 (0.07) or 65%... 0.16 (0.07) or 65%... 0.16 (0.07) or 65%... 3-run average (1- EPA Reference
10\3\ dscf) or hour minimum Method 29 of
percent sample time per appendix A-8 of
reduction. run). part 60.

[[Page 18413]]

Mercury...................... mg/dscm (gr/ 0.55 (0.24) or 85%... 0.55 (0.24) or 85%... 0.55 (0.24) or 85%... 3-run average (1- EPA Reference
10\3\ dscf) or hour minimum Method 29 of
percent sample time per appendix A-8 of
reduction. run). part 60.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Except as allowed under Sec. 60.56c(c) for HMIWI equipped with CEMS.
\2\ Does not include CEMS and approved alternative non-EPA test methods allowed under Sec. 60.56c(b).

Subpart Ec--[Amended]

0
5. Section 60.58c is amended by revising paragraphs (d)(1) through (3)
to read as follows:

Sec. 60.58c Reporting and recordkeeping requirements.

* * * * *
(d) * * *
(1) The values for the site-specific operating parameters
established pursuant to Sec. 60.56c(d), (h), or (j), as applicable.
(2) The highest maximum operating parameter and the lowest minimum
operating parameter, as applicable, for each operating parameter
recorded for the calendar year being reported, pursuant to Sec.
60.56c(d), (h), or (j), as applicable.
(3) The highest maximum operating parameter and the lowest minimum
operating parameter, as applicable, for each operating parameter
recorded pursuant to Sec. 60.56c(d), (h), or (j) for the calendar year
preceding the year being reported, in order to provide the
Administrator with a summary of the performance of the affected
facility over a 2-year period.
* * * * *

0
6. Table 1A to subpart Ec is revised to read as follows:

Table 1A to Subpart Ec of Part 60--Emissions Limits for Small, Medium, and Large HMIWI at Affected Facilities as Defined in Sec. 60.50c(a)(1) and (2)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Emissions limits
Units (7 percent --------------------------------------------------------------------- Method for
Pollutant oxygen, dry HMIWI size Averaging time demonstrating
basis) --------------------------------------------------------------------- \1\ compliance \2\
Small Medium Large
--------------------------------------------------------------------------------------------------------------------------------------------------------
Particulate matter........... Milligrams per 69 (0.03)............ 34 (0.015)........... 34 (0.015)........... 3-run average (1- EPA Reference
dry standard hour minimum Method 5 of
cubic meter sample time per appendix A-3 of
(grains per dry run). part 60, or EPA
standard cubic Reference
foot). Method M 26A or
29 of appendix
A-8 of part 60.
Carbon monoxide.............. Parts per 40................... 40................... 40................... 3-run average (1- EPA Reference
million by hour minimum Method 10 or
volume. sample time per 10B of appendix
run). A-4 of part 60.
Dioxins/furans............... Nanograms per 125 (55) or 2.3 (1.0) 25 (11) or 0.6 (0.26) 25 (11) or 0.6 (0.26) 3-run average (4- EPA Reference
dry standard hour minimum Method 23 of
cubic meter sample time per appendix A-7 of
total dioxins/ run). part 60.
furans (grains
per billion dry
standard cubic
feet) or
nanograms per
dry standard
cubic meter TEQ
(grains per
billion dry
standard cubic
feet).
Hydrogen chloride............ Parts per 15 or 99%............ 15 or 99%............ 15 or 99%............ 3-run average (1- EPA Reference
million by hour minimum Method 26 or
volume or sample time per 26A of appendix
percent run). A-8 of part 60.
reduction.
Sulfur dioxide............... Parts per 55................... 55................... 55................... 3-run average (1- EPA Reference
million by hour minimum Method 6 or 6C
volume. sample time per of appendix A-4
run). of part 60.
Nitrogen oxides.............. Parts per 250.................. 250.................. 250.................. 3-run average (1- EPA Reference
million by hour minimum Method 7 or 7E
volume. sample time per of appendix A-4
run). of part 60.
Lead......................... Milligrams per 1.2 (0.52) or 70%.... 0.07 (0.03) or 98%... 0.07 (0.03) or 98%... 3-run average (1- EPA Reference
dry standard hour minimum Method 29 of
cubic meter sample time per appendix A-8 of
(grains per run). part 60.
thousand dry
standard cubic
feet) or
percent
reduction.
Cadmium...................... Milligrams per 0.16 (0.07) or 65%... 0.04 (0.02) or 90%... 0.04 (0.02) or 90%... 3-run average (1- EPA Reference
dry standard hour minimum Method 29 of
cubic meter sample time per appendix A-8 of
(grains per run). part 60.
thousand dry
standard cubic
feet) or
percent
reduction.

[[Page 18414]]

Mercury...................... Milligrams per 0.55 (0.24) or 85%... 0.55 (0.24) or 85%... 0.55 (0.24) or 85%... 3-run average (1- EPA Reference
dry standard hour minimum Method 29 of
cubic meter sample time per appendix A-8 of
(grains per run). part 60.
thousand dry
standard cubic
feet) or
percent
reduction.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Except as allowed under Sec. 60.56c(c) for HMIWI equipped with CEMS.
\2\ Does not include CEMS and approved alternative non-EPA test methods allowed under Sec. 60.56c(b).

0
7. Table 1B to Subpart Ec is revised to read as follows:

Table 1B to Subpart Ec of Part 60--Emissions Limits for Small, Medium, and Large HMIWI at Affected Facilities as Defined in Sec. 60.50c(a)(3) and (4)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Emissions limits
Units (7 --------------------------------------------------------------------- Method for
Pollutant percent oxygen, HMIWI size Averaging time 1 demonstrating
dry basis) --------------------------------------------------------------------- compliance 2
Small Medium Large
--------------------------------------------------------------------------------------------------------------------------------------------------------
Particulate matter........... Milligrams per 66 (0.029)........... 22 (0.0095).......... 18 (0.0080).......... 3-run average (1- EPA Reference
dry standard hour minimum Method 5 of
cubic meter sample time per appendix A-3 of
(grains per dry run). part 60, or EPA
standard cubic Reference
foot). Method M 26A or
29 of appendix
A-8 of part 60.
Carbon monoxide.............. Parts per 20................... 1.8.................. 11................... 3-run average (1- EPA Reference
million by hour minimum Method 10 or
volume. sample time per 10B of appendix
run). A-4 of part 60.
Dioxins/furans............... Nanograms per 16 (7.0) or 0.013 0.47 (0.21) or 0.014 9.3 (4.1) or 0.035 3-run average (4- EPA Reference
dry standard (0.0057). (0.0061). (0.015). hour minimum Method 23 of
cubic meter sample time per appendix A-7 of
total dioxins/ run). part 60.
furans (grains
per billion dry
standard cubic
feet) or
nanograms per
dry standard
cubic meter TEQ
(grains per
billion dry
standard cubic
feet).
Hydrogen chloride............ Parts per 15................... 7.7.................. 5.1.................. 3-run average (1- EPA Reference
million by hour minimum Method 26 or
volume. sample time per 26A of appendix
run). A-8 of part 60.
Sulfur dioxide............... Parts per 1.4.................. 1.4.................. 8.1.................. 3-run average (1- EPA Reference
million by hour minimum Method 6 or 6C
volume. sample time per of appendix A-4
run). of part 60.
Nitrogen oxides.............. Parts per 67................... 67................... 140.................. 3-run average (1- EPA Reference
million by hour minimum Method 7 or 7E
volume. sample time per of appendix A-4
run). of part 60.
Lead......................... Milligrams per 0.31 (0.14).......... 0.018 (0.0079)....... 0.00069 (0.00030).... 3-run average (1- EPA Reference
dry standard hour minimum Method 29 of
cubic meter sample time per appendix A-8 of
(grains per run). part 60.
thousand dry
standard cubic
feet).
Cadmium...................... Milligrams per 0.017 (0.0074)....... 0.0098 (0.0043)...... 0.00013 (0.000057)... 3-run average (1- EPA Reference
dry standard hour minimum Method 29 of
cubic meter sample time per appendix A-8 of
(grains per run). part 60.
thousand dry
standard cubic
feet).
Mercury...................... Milligrams per 0.014 (0.0061)....... 0.0035 (0.0015)...... 0.0013 (0.00057)..... 3-run average (1- EPA Reference
dry standard hour minimum Method 29 of
cubic meter sample time per appendix A-8 of
(grains per run). part 60.
thousand dry
standard cubic
feet).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Except as allowed under Sec. 60.56c(c) for HMIWI equipped with CEMS.
\2\ Does not include CEMS and approved alternative non-EPA test methods allowed under Sec. 60.56c(b).

[[Page 18415]]

[FR Doc. 2011-7899 Filed 4-1-11; 8:45 am]
BILLING CODE 6560-50-P

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