Direct Final Negative Declaration and Withdrawal of Large Municipal Waste Combustors State Plan for Designated Facilities and Pollutants: Illinois, 32022-32024 [2012-13205]
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32022
Federal Register / Vol. 77, No. 105 / Thursday, May 31, 2012 / Rules and Regulations
For
technical information contact: Kenneth
Moss, Chemical Control Division
(7405M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–9232; email address:
moss.kenneth@epa.gov.
For general information contact: The
TSCA–Hotline, ABVI–Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA–
Hotline@epa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Does this action apply to me?
A list of potentially affected entities is
provided in the Federal Register of
April 4, 2012 (77 FR 20296) (FRL–9333–
3). If you have questions regarding the
applicability of this action to a
particular entity, consult the technical
person listed under FOR FURTHER
INFORMATION CONTACT.
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II. What rule is being withdrawn?
In the Federal Register of April 4,
2012 (77 FR 20296), EPA issued several
direct final SNURs, including a SNUR
for the chemical substance that is the
subject of this withdrawal. These direct
final rules were issued pursuant to the
procedures in 40 CFR part 721, subpart
D. In accordance with § 721.160(c)(3)(ii),
EPA is withdrawing the rule issued for
a chemical substance identified
generically as C15 olefins, which was
the subject of PMN P–11–511, because
the Agency received a notice of intent
to submit adverse comments. EPA
intends to publish a proposed SNUR for
this chemical substance under separate
notice and comment procedures.
For further information regarding
EPA’s expedited process for issuing
SNURs, interested parties are directed to
40 CFR part 721, subpart D, and the
Federal Register of July 27, 1989 (54 FR
31314). The record for the direct final
SNUR for this chemical substance that
is being withdrawn was established at
EPA–HQ–OPPT–2011–0942. That
record includes information considered
by the Agency in developing this rule
and the notice of intent to submit
adverse comments.
III. How do I access the docket?
To access the electronic docket,
please go to https://www.regulations.gov
and follow the online instructions to
access docket ID number EPA–HQ–
OPPT–2011–0942. Additional
information about the Docket Facility is
provided under ADDRESSES in the
Federal Register of April 4, 2012 (77 FR
20296). If you have questions, consult
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the technical person listed under FOR
FURTHER INFORMATION CONTACT.
IV. Statutory and Executive Order
Reviews
This final rule revokes or eliminates
an existing regulatory requirement and
does not contain any new or amended
requirements. As such, the Agency has
determined that this withdrawal will
not have any adverse impacts, economic
or otherwise. The statutory and
executive order review requirements
applicable to the direct final rule were
discussed in the Federal Register of
April 4, 2012 (77 FR 20296). Those
review requirements do not apply to
this action because it is a withdrawal
and does not contain any new or
amended requirements.
V. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report to each House of
the Congress and the Comptroller
General of the United States. EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This rule is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2).
List of Subjects
40 CFR Part 9
Environmental protection, Reporting
and recordkeeping requirements.
40 CFR Part 721
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
Dated: May 18, 2012.
Maria J. Doa,
Director, Chemical Control Division, Office
of Pollution Prevention and Toxics.
Therefore, 40 CFR parts 9 and 721 are
amended as follows:
PART 9—[AMENDED]
1. The authority citation for part 9
continues to read as follows:
■
Authority: 7 U.S.C. 135 et seq., 136–136y;
15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671;
21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318,
1321, 1326, 1330, 1342, 1344, 1345 (d) and
(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR,
1971–1975 Comp. p. 973; 42 U.S.C. 241,
242b, 243, 246, 300f, 300g, 300g–1, 300g–2,
300g–3, 300g–4, 300g–5, 300g–6, 300j–1,
300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq.,
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6901–6992k, 7401–7671q, 7542, 9601–9657,
11023, 11048.
2. The table in § 9.1 is amended by
removing under the undesignated center
heading ‘‘Significant New Uses of
Chemical Substances’’ § 721.10291.
■
PART 721—[AMENDED]
3. The authority citation for part 721
continues to read as follows:
■
Authority: 15 U.S.C. 2604, 2607, and
2625(c).
§ 721.10291
■
[Removed]
4. Remove § 721.10291.
[FR Doc. 2012–12920 Filed 5–30–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R05–OAR–2012–0312; FRL–9679–6]
Direct Final Negative Declaration and
Withdrawal of Large Municipal Waste
Combustors State Plan for Designated
Facilities and Pollutants: Illinois
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is taking direct final
action to approve Illinois’ negative
declaration and request for EPA
withdrawal of its 111(d)/129 State Plan
to control air pollutants from ‘‘Large
Municipal Waste Combustors’’ (LMWC).
DATES: This direct final rule will be
effective July 30, 2012, unless EPA
receives adverse comments by July 2,
2012. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2012–0312, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: nash.carlton@epa.gov.
3. Fax: (312) 692–2543.
4. Mail: Carlton T. Nash, Chief, Toxics
and Global Atmosphere Section, Air
Toxics and Assessment Branch (AT–
18J), U.S. Environmental Protection
Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
5. Hand Delivery: Carlton T. Nash,
Chief, Toxics and Global Atmosphere
Section, Air Toxics and Assessment
Branch (AT–18J), U.S. Environmental
SUMMARY:
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Federal Register / Vol. 77, No. 105 / Thursday, May 31, 2012 / Rules and Regulations
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted
during the Regional Office normal hours
of operation, and special arrangements
should be made for deliveries of boxed
information. The Regional Office official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m. excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2012–
0312. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This Facility is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding Federal
holidays. We recommend that you
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telephone Margaret Sieffert,
Environmental Engineer, at (312) 353–
1151 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Margaret Sieffert, Environmental
Engineer, Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard (AT–18J), Chicago, Illinois
60604, (312) 353–1151,
sieffert.margaret@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
Sections 111(d) and 129 of the Clean
Air Act require submittal of State plans
to control certain pollutants (designated
pollutants) at existing solid waste
combustion facilities (designated
facilities) whenever standards of
performance have been established
under section 111(d) for new sources of
the same type and EPA has established
emission guidelines for such existing
sources. Standards of performance for
new LMWC units and emission
guidelines for all existing LMWC units
constructed on or before September 20,
1994, were originally established by
EPA on December 15, 1995 (60 FR
65415).
EPA approved Illinois’ LMWC State
Plan to implement EPA’s emission
guidelines for existing LMWCs on
December 29,1997 at 62 FR 67570 and
codified at 40 CFR 62.3350. The only
LMWC operating in the State was
Robbins Resource Recovery Center
(RRRC). On May 10, 2006, EPA
promulgated revised LMWC emission
guidelines under 40 CFR part 60 subpart
Cb, that triggered the need for states to
submit revised State Plans to implement
the revised emission guidelines for
existing sources in the state. However,
40 CFR 62.06 provides that if there are
no existing sources of the designated
pollutants within a state, the state may
submit a letter of certification to that
effect, or a negative declaration, in lieu
of a plan. The negative declaration
exempts the state from the requirements
to submit a State Plan for designated
pollutants at designated facilities. On
February 1, 2012, the Illinois
Environmental Protection Agency
(IEPA) submitted a negative declaration
letter to EPA certifying that the only
designated facility in the State Plan,
RRRC, ceased operation and is
completely shut down, and requested
that EPA withdraw the Illinois’ State
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32023
Plan implementing the emission
guidelines for LMWCs.
II. Final Action
IEPA has determined that there are
now no existing facilities subject to
subpart Cb requirements in the State.
EPA accepts the State’s negative
declaration. EPA is approving the State
of Illinois’ negative declaration and
request for withdrawal of its State Plan
for LMWCs. Accordingly, EPA is
amending part 62 to reflect approval of
the IEPA February 1, 2012, negative
declaration and request for EPA
withdrawal of the LMWC State Plan.
However, if an affected Illinois LMWC
unit is discovered in the future, all the
requirements of the Federal plan
(including revisions or amendments),
part 62, subpart FFF, will be applicable
to the affected unit.
EPA is publishing this approval
notice without prior proposal because
the Agency views this as a noncontroversial action and anticipates no
adverse comments. However, in the
proposed rules section of this Federal
Register publication, EPA is publishing
a separate document that will serve as
the proposal to approve the State’s
negative declaration and request for
withdrawal of Illinois’ State Plan for
LMWC units in the event adverse
comments are filed. This rule will be
effective July 30, 2012 without further
notice unless we receive relevant
adverse written comments by July 2,
2012. If we receive such comments, we
will withdraw this action before the
effective date by publishing a
subsequent document that will
withdraw the final action. All public
comments received will then be
addressed in a subsequent final rule
based on the proposed action. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
If we do not receive any comments, this
action will be effective July 30, 2012.
III. Statutory and Executive Order
Reviews
A. General Requirements
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
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32024
Federal Register / Vol. 77, No. 105 / Thursday, May 31, 2012 / Rules and Regulations
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4). This rule also does not
have tribal implications because it will
not have a substantial direct effect on
one or more Indian tribes, on the
relationship between the Federal
Government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
Government and Indian tribes, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
Federal requirement, and does not alter
the relationship or the distribution of
power and responsibilities established
in the Clean Air Act. This rule also is
not subject to Executive Order 13045 (62
FR 19885, April 23, 1997), because it
approves a state rule implementing a
Federal standard.
In reviewing Section 111(d)/129 plan
submissions, EPA’s role is to approve
State choices, provided that they meet
the criteria of the Clean Air Act. In this
context, in the absence of a prior
existing requirement for the State to use
voluntary consensus standards (VCS),
EPA has no authority to disapprove a
Section 111(d)/129 plan submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a Section 111(d)/
129 plan submission, to use VCS in
place of a Section 111(d)/129 plan
submission that otherwise satisfies the
provisions of the Clean Air Act. Thus,
the requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
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Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
and adding paragraph (b) to read as
follows:
B. Submission to Congress and the
Comptroller General
§ 62.3350 Identification of plan—negative
declaration.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. This rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
*
C. Petitions for Judicial Review
Under Section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by July 30, 2012.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action
approving Illinois’ Section 111(d)/129
negative declaration and request for
EPA withdrawal of the LMWC plan
approval may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2)).
List of Subjects in 40 CFR Part 62
Environmental protection, Air
pollution control, Administrative
practice and procedure, Large municipal
waste combustors, Intergovernmental
relations, Reporting and recordkeeping
requirements.
Dated: May 16, 2012.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 62 is amended as follows:
PART 62—[AMENDED]
1. The authority citation for part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart P—Illinois
2. Section 62.3350 is amended by
revising the section heading,
designating the existing paragraph as (a)
■
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*
*
*
*
(b) On February 1, 2012, the Illinois
Environmental Protection Agency
submitted a negative declaration that
there are no large municipal waste
combustors in the State of Illinois
subject to part 60, subpart Cb emission
guidelines and requested withdrawal of
its State Plan for LMWC units approved
under paragraph (a) of this section.
■ 3. A new § 62.3351 is added to read
as follows:
§ 62.3351
Effective date.
The Federal effective date of the
negative declaration and withdrawal of
Illinois’ State Plan for LMWC units is
July 30, 2012.
[FR Doc. 2012–13205 Filed 5–30–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[EPA–R09–OAR–2010–0491; FRL–9679–7]
Designation of Areas for Air Quality
Planning Purposes; State of Arizona;
Pinal County; PM10
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Pursuant to section 107(d)(3)
of the Clean Air Act, the EPA is
redesignating from ‘‘unclassifiable’’ to
‘‘nonattainment’’ an area in western
Pinal County, Arizona, for the 1987
national ambient air quality standard for
particles with an aerodynamic diameter
less than or equal to a nominal 10
micrometers (PM10), and therefore also
revising the boundaries of the existing
‘‘rest of state’’ unclassifiable area. The
EPA’s establishment of this new PM10
nonattainment area, referred to as ‘‘West
Pinal,’’ is based on numerous recorded
violations of the PM10 standard at
various monitoring sites within the
county. With the exception of Indian
country and certain Federal lands, the
EPA’s nonattainment area boundaries
generally encompass the land
geographically located within Pinal
County north of the east-west line
defined by the southern line of
Township 9 South, Gila and Salt River
Baseline and Meridian, and west of the
north-south line defined by the eastern
line of Range 8 East, except where the
boundary extends farther east in the
SUMMARY:
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Agencies
[Federal Register Volume 77, Number 105 (Thursday, May 31, 2012)]
[Rules and Regulations]
[Pages 32022-32024]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13205]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R05-OAR-2012-0312; FRL-9679-6]
Direct Final Negative Declaration and Withdrawal of Large
Municipal Waste Combustors State Plan for Designated Facilities and
Pollutants: Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action to approve Illinois'
negative declaration and request for EPA withdrawal of its 111(d)/129
State Plan to control air pollutants from ``Large Municipal Waste
Combustors'' (LMWC).
DATES: This direct final rule will be effective July 30, 2012, unless
EPA receives adverse comments by July 2, 2012. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2012-0312, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: nash.carlton@epa.gov.
3. Fax: (312) 692-2543.
4. Mail: Carlton T. Nash, Chief, Toxics and Global Atmosphere
Section, Air Toxics and Assessment Branch (AT-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Carlton T. Nash, Chief, Toxics and Global
Atmosphere Section, Air Toxics and Assessment Branch (AT-18J), U.S.
Environmental
[[Page 32023]]
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted during the Regional Office normal
hours of operation, and special arrangements should be made for
deliveries of boxed information. The Regional Office official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding
Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2012-0312. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Margaret Sieffert, Environmental
Engineer, at (312) 353-1151 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Margaret Sieffert, Environmental
Engineer, Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard (AT-18J), Chicago, Illinois 60604, (312) 353-1151,
sieffert.margaret@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. Background
II. Final Action
III. Statutory and Executive Order Reviews
I. Background
Sections 111(d) and 129 of the Clean Air Act require submittal of
State plans to control certain pollutants (designated pollutants) at
existing solid waste combustion facilities (designated facilities)
whenever standards of performance have been established under section
111(d) for new sources of the same type and EPA has established
emission guidelines for such existing sources. Standards of performance
for new LMWC units and emission guidelines for all existing LMWC units
constructed on or before September 20, 1994, were originally
established by EPA on December 15, 1995 (60 FR 65415).
EPA approved Illinois' LMWC State Plan to implement EPA's emission
guidelines for existing LMWCs on December 29,1997 at 62 FR 67570 and
codified at 40 CFR 62.3350. The only LMWC operating in the State was
Robbins Resource Recovery Center (RRRC). On May 10, 2006, EPA
promulgated revised LMWC emission guidelines under 40 CFR part 60
subpart Cb, that triggered the need for states to submit revised State
Plans to implement the revised emission guidelines for existing sources
in the state. However, 40 CFR 62.06 provides that if there are no
existing sources of the designated pollutants within a state, the state
may submit a letter of certification to that effect, or a negative
declaration, in lieu of a plan. The negative declaration exempts the
state from the requirements to submit a State Plan for designated
pollutants at designated facilities. On February 1, 2012, the Illinois
Environmental Protection Agency (IEPA) submitted a negative declaration
letter to EPA certifying that the only designated facility in the State
Plan, RRRC, ceased operation and is completely shut down, and requested
that EPA withdraw the Illinois' State Plan implementing the emission
guidelines for LMWCs.
II. Final Action
IEPA has determined that there are now no existing facilities
subject to subpart Cb requirements in the State. EPA accepts the
State's negative declaration. EPA is approving the State of Illinois'
negative declaration and request for withdrawal of its State Plan for
LMWCs. Accordingly, EPA is amending part 62 to reflect approval of the
IEPA February 1, 2012, negative declaration and request for EPA
withdrawal of the LMWC State Plan. However, if an affected Illinois
LMWC unit is discovered in the future, all the requirements of the
Federal plan (including revisions or amendments), part 62, subpart FFF,
will be applicable to the affected unit.
EPA is publishing this approval notice without prior proposal
because the Agency views this as a non-controversial action and
anticipates no adverse comments. However, in the proposed rules section
of this Federal Register publication, EPA is publishing a separate
document that will serve as the proposal to approve the State's
negative declaration and request for withdrawal of Illinois' State Plan
for LMWC units in the event adverse comments are filed. This rule will
be effective July 30, 2012 without further notice unless we receive
relevant adverse written comments by July 2, 2012. If we receive such
comments, we will withdraw this action before the effective date by
publishing a subsequent document that will withdraw the final action.
All public comments received will then be addressed in a subsequent
final rule based on the proposed action. EPA will not institute a
second comment period. Any parties interested in commenting on this
action should do so at this time. If we do not receive any comments,
this action will be effective July 30, 2012.
III. Statutory and Executive Order Reviews
A. General Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional
[[Page 32024]]
requirements beyond those imposed by state law. Accordingly, the
Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
approves pre-existing requirements under state law and does not impose
any additional enforceable duty beyond that required by state law, it
does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4). This rule also does not have tribal
implications because it will not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes, as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This rule
also is not subject to Executive Order 13045 (62 FR 19885, April 23,
1997), because it approves a state rule implementing a Federal
standard.
In reviewing Section 111(d)/129 plan submissions, EPA's role is to
approve State choices, provided that they meet the criteria of the
Clean Air Act. In this context, in the absence of a prior existing
requirement for the State to use voluntary consensus standards (VCS),
EPA has no authority to disapprove a Section 111(d)/129 plan submission
for failure to use VCS. It would thus be inconsistent with applicable
law for EPA, when it reviews a Section 111(d)/129 plan submission, to
use VCS in place of a Section 111(d)/129 plan submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under Section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 30, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action approving Illinois' Section 111(d)/129
negative declaration and request for EPA withdrawal of the LMWC plan
approval may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Administrative
practice and procedure, Large municipal waste combustors,
Intergovernmental relations, Reporting and recordkeeping requirements.
Dated: May 16, 2012.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 62 is amended as follows:
PART 62--[AMENDED]
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart P--Illinois
0
2. Section 62.3350 is amended by revising the section heading,
designating the existing paragraph as (a) and adding paragraph (b) to
read as follows:
Sec. 62.3350 Identification of plan--negative declaration.
* * * * *
(b) On February 1, 2012, the Illinois Environmental Protection
Agency submitted a negative declaration that there are no large
municipal waste combustors in the State of Illinois subject to part 60,
subpart Cb emission guidelines and requested withdrawal of its State
Plan for LMWC units approved under paragraph (a) of this section.
0
3. A new Sec. 62.3351 is added to read as follows:
Sec. 62.3351 Effective date.
The Federal effective date of the negative declaration and
withdrawal of Illinois' State Plan for LMWC units is July 30, 2012.
[FR Doc. 2012-13205 Filed 5-30-12; 8:45 am]
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