Air Plan Approval; Ohio; Removal of Obsolete Infectious Waste Incinerator Regulations, 36821-36823 [2019-16080]

Download as PDF Federal Register / Vol. 84, No. 146 / Tuesday, July 30, 2019 / Rules and Regulations Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). jspears on DSK3GMQ082PROD with RULES D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect 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. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does 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. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01 and U.S. Coast Guard Environmental Planning Policy, VerDate Sep<11>2014 16:02 Jul 29, 2019 Jkt 247001 COMDTINST 5090.1, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone of limited size and duration. It is categorically excluded from further review under paragraph L60(a) in Table 3–1 of Department of Homeland Security Directive 023–01. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 46 U.S.C 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T11–988 to read as follows: 36821 (b) Definitions. As used in this section, ‘‘designated representative’’ means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel or a Federal, State, or local officer designated by or assisting the Captain of the Port San Francisco (COTP) in the enforcement of the safety zone. (c) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. (2) The safety zone is closed to all vessel traffic, except as may be permitted by the COTP or the COTP’s designated representative. (3) Vessel operators desiring to enter or operate within the safety zone must contact the COTP or the COTP’s designated representative to obtain permission to do so. Vessel operators given permission to enter or operate in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. Persons and vessels may request permission to enter the safety zones on VHF–23A or through the 24-hour Command Center at telephone (415) 399–3547. (d) Enforcement period. The safety zone will be enforced from 7 a.m. through 10:12 p.m. on August 2, 2019. The COTP or the COTP’s designated representative will notify the maritime community of periods during which this zone will be enforced in accordance with § 165.7. Dated: July 23, 2019. Howard H. Wright, Captain, U.S. Coast Guard, Alternate Captain of the Port, San Francisco. [FR Doc. 2019–16185 Filed 7–29–19; 8:45 am] ■ BILLING CODE 9110–04–P § 165.T11–988 Safety Zone; Homewood Wedding Fireworks Display, Lake Tahoe, Homewood, CA. ENVIRONMENTAL PROTECTION AGENCY (a) Location. The following area is a safety zone: All navigable waters of Lake Tahoe, from surface to bottom, within a circle formed by connecting all points 100 feet out from the fireworks barge during the loading and staging at the display location in McKinney Bay. Between 9 p.m. and 10:12 p.m. on August 2, 2019, the safety zone will expand to all navigable waters, from surface to bottom, within a circle formed by connecting all points 280 feet out from the fireworks barge in approximate position 39°05′11.9″ N, 120°09′17.2″ W (NAD 83) (NAD 83). 40 CFR Part 52 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 [EPA–R05–OAR–2018–0112; FRL–9997–29– Region 5] Air Plan Approval; Ohio; Removal of Obsolete Infectious Waste Incinerator Regulations Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving a request submitted by the Ohio Environmental SUMMARY: E:\FR\FM\30JYR1.SGM 30JYR1 36822 Federal Register / Vol. 84, No. 146 / Tuesday, July 30, 2019 / Rules and Regulations jspears on DSK3GMQ082PROD with RULES Protection Agency (Ohio EPA) on January 24, 2018, to revise the Ohio State Implementation Plan (SIP) under the Clean Air Act (CAA). Ohio EPA is requesting to remove provisions under Ohio Administrative Code (OAC) Chapter 3745–75, that were approved into the Ohio SIP as part of Ohio’s Hospital/Medical/Infectious Waste Incinerator (HMIWI) State plan under sections 110(d) and 129 of the CAA. EPA proposed to approve the State’s submittal on April 12, 2019. DATES: This final rule is effective on August 29, 2019. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R05–OAR–2018–0112. All documents in the docket are listed in the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either through https://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Mobile Source Program Manager, Control Strategies Section, Air Programs Branch (AR 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–6061, acevedo.francisco@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, wherever ‘‘we’’, ‘‘us’’ or ‘‘our’’ is used, we mean EPA. I. What is being addressed by this document? On September 15, 1997, EPA published emission guidelines for HMIWI under 40 CFR part 60, subpart Ce (62 FR 48348). The emission guidelines applied to existing sources only, for which construction commenced on or before June 20, 1996. States were required under sections 111(d) and 129 of the CAA to submit state plans to control emissions from existing HMIWI units. New sources constructed after this date are covered by a Federal new source performance standard. On October 18, 2005, Ohio EPA submitted the CAA section 111(d)/129 State plan for implementing 40 CFR part 60, subpart Ce ‘‘Emission Guidelines for Existing Hospital/Medical/Infectious VerDate Sep<11>2014 16:02 Jul 29, 2019 Jkt 247001 Waste Incinerators.’’ The State plan was subsequently approved by EPA on July 5, 2007 (72 FR 36605) and became effective under 40 CFR 62.8880 on August 6, 2007. As part of Ohio’s HMIWI State plan, OAC Chapter 3745– 75, ‘‘Infectious Waste Incinerator Limitations,’’ was amended, submitted, and approved as part of Ohio’s SIP (72 FR 36605). Subsequently, on October 6, 2009 (74 FR 51367), and April 4, 2011 (76 FR 18407), EPA promulgated final revised emission guidelines and amendments under 40 CFR part 60, subpart Ce, and on May 13, 2013, EPA promulgated a final revised 40 CFR part 62, subpart HHH, Federal Plan (78 FR 28052). On January 24, 2018, Ohio EPA submitted a request to approve the removal of all OAC Chapter 3745–75 provisions from the Ohio SIP, relying instead on the Federal Plan. Ohio EPA conducted a public hearing on this matter in Columbus, Ohio on December 7, 2017. On April 12, 2019, at 84 FR 14901, EPA proposed to approve the removal of all OAC Chapter 3745–75 provisions from the Ohio SIP. II. What comments did we receive on the proposed SIP revision? Our April 12, 2019 proposed rule provided a 30-day review and comment period. The comment period closed on May 13, 2019. EPA received one comment during the public comment period. The comment supported EPA’s proposed action to allow the removal of Infectious Waste Incinerator provisions from the Ohio SIP. III. What action is EPA taking? EPA is approving the revision to the Ohio SIP submitted by the Ohio EPA on January 24, 2018, because the removal of existing infectious waste incinerator requirements in OAC Chapter 3745–75 from the SIP meets all applicable requirements and would not interfere with reasonable further progress or attainment of any of the national ambient air quality standards. IV. Incorporation by Reference In this document, EPA amends regulatory text that includes incorporation by reference. As described in the amendments to 40 CFR part 52 set forth below, EPA is removing provisions of the EPA-Approved Ohio Regulations from the Ohio SIP, which is incorporated by reference in accordance with the requirements of 1 CFR part 51. EPA has made, and will continue to make the SIP generally available through www.regulations.gov and at the EPA Region 5 Office (please contact the PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 person identified in the FOR FURTHER section of this preamble for more information). INFORMATION CONTACT V. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • 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); • Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). E:\FR\FM\30JYR1.SGM 30JYR1 Federal Register / Vol. 84, No. 146 / Tuesday, July 30, 2019 / Rules and Regulations In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 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 action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 30, 2019. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action 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 may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Nitrogen oxides, Ozone, Volatile organic compounds. Dated: July 17, 2019. Cathy Stepp, Regional Administrator, Region 5 40 CFR part 52 is amended as follows: jspears on DSK3GMQ082PROD with RULES PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. § 52.1870 [Amended] 2. In § 52.1870, the table in paragraph (c) is amended by removing the heading ■ VerDate Sep<11>2014 16:02 Jul 29, 2019 Jkt 247001 ‘‘Chapter 3745–75 Infectious Waste Incinerator Limitations’’ and the entries for 3745–75–01 through 3745–75–06. [FR Doc. 2019–16080 Filed 7–29–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [MD 205–3121; FRL–9992–15–Region 3] Air Plan Approval; Maryland; Update to Materials Incorporated by Reference Environmental Protection Agency (EPA). ACTION: Final rule; administrative change. AGENCY: The Environmental Protection Agency (EPA) is updating the materials that are incorporated by reference (IBR) into the Maryland state implementation plan (SIP). The regulations affected by this update have been previously submitted by the Maryland Department of the Environment (MD DOE) and approved by EPA. This update affects the SIP materials that are available for inspection at the EPA Regional Office. DATES: This action is effective July 30, 2019. ADDRESSES: SIP materials which are incorporated by reference into 40 CFR part 52 are available for inspection at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. EPA requests that you email the contact listed in the FOR FURTHER INFORMATION CONTACT section for information about the availability of this material at EPA. FOR FURTHER INFORMATION CONTACT: Sharon McCauley, Office of Air Program Planning (3AP30), Air Protection Division, U.S. Environmental Protection Agency, Region 3, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone number is (215) 814–3376. Ms. McCauley can also be reached via electronic mail at mccauley.sharon@ epa.gov. SUMMARY: SUPPLEMENTARY INFORMATION: I. Background Each state has a SIP containing the control measures and strategies used to attain and maintain the national ambient air quality standards (NAAQS). The SIP is extensive, containing such elements as air pollution control regulations, emission inventories, monitoring networks, attainment demonstrations, and enforcement mechanisms. PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 36823 Each state must formally adopt the control measures and strategies in the SIP after the public has had an opportunity to comment on them and then submit the proposed SIP revisions to EPA. Once these control measures and strategies are approved by EPA, and after notice and comment, they are incorporated into the Federallyapproved SIP and are identified in part 52 ‘‘Approval and Promulgation of Implementation Plans,’’ title 40 of the Code of Federal Regulations (40 CFR part 52). The full text of the state regulation approved by EPA is not reproduced in its entirety in 40 CFR part 52, but is ‘‘incorporated by reference.’’ This means that EPA has approved a given state regulation with a specific effective date. The public is referred to the location of the full text version should they want to know which measures are contained in a given SIP. The information provided allows EPA and the public to monitor the extent to which a state implements a SIP to attain and maintain the NAAQS and to take enforcement action if necessary. The SIP is a living document which a state revises as necessary to address its unique air pollution problems. Therefore, EPA, from time to time, must take action on SIP revisions containing new and/or revised regulations as being part of the SIP. On May 22, 1997 (62 FR 27968), EPA revised the procedures for incorporating by reference federallyapproved SIPs, as a result of consultations between EPA and the Office of the Federal Register (OFR). The description of the revised SIP document, IBR procedures and ‘‘Identification of plan’’ format is discussed in further detail in the May 22, 1997 Federal Register document. On November 29, 2004 (69 FR 69304), EPA published a document in the Federal Register beginning the new IBR procedure for Maryland. On February 2, 2006 (71 FR 5607), May 18, 2007 (72 FR 27957), March 11, 2008 (73 FR 12895), March 19, 2009 (74 FR 11647), August 22, 2011 (76 FR 52278), and May 30, 2017 (82 FR 24549) EPA published updates to the IBR material for Maryland. Since the publication of the last IBR update, EPA has approved the following regulatory changes to the following regulations, statutes, and source-specific actions for Maryland: A. Added Regulations 1. Code of Maryland Administrative Regulations (COMAR) citation 26.11.01, General Administrative Provisions, 26.11.01.11, Continuous Emissions Monitoring. E:\FR\FM\30JYR1.SGM 30JYR1

Agencies

[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Rules and Regulations]
[Pages 36821-36823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16080]


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

40 CFR Part 52

[EPA-R05-OAR-2018-0112; FRL-9997-29-Region 5]


Air Plan Approval; Ohio; Removal of Obsolete Infectious Waste 
Incinerator Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a 
request submitted by the Ohio Environmental

[[Page 36822]]

Protection Agency (Ohio EPA) on January 24, 2018, to revise the Ohio 
State Implementation Plan (SIP) under the Clean Air Act (CAA). Ohio EPA 
is requesting to remove provisions under Ohio Administrative Code (OAC) 
Chapter 3745-75, that were approved into the Ohio SIP as part of Ohio's 
Hospital/Medical/Infectious Waste Incinerator (HMIWI) State plan under 
sections 110(d) and 129 of the CAA. EPA proposed to approve the State's 
submittal on April 12, 2019.

DATES: This final rule is effective on August 29, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2018-0112. All documents in the docket are listed in 
the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information or other information whose disclosure is restricted by 
statute. Certain other material, such as copyrighted material, is not 
placed on the internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either through 
https://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT:  Francisco J. Acevedo, Mobile Source 
Program Manager, Control Strategies Section, Air Programs Branch (AR 
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6061, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'', 
``us'' or ``our'' is used, we mean EPA.

I. What is being addressed by this document?

    On September 15, 1997, EPA published emission guidelines for HMIWI 
under 40 CFR part 60, subpart Ce (62 FR 48348). The emission guidelines 
applied to existing sources only, for which construction commenced on 
or before June 20, 1996. States were required under sections 111(d) and 
129 of the CAA to submit state plans to control emissions from existing 
HMIWI units. New sources constructed after this date are covered by a 
Federal new source performance standard.
    On October 18, 2005, Ohio EPA submitted the CAA section 111(d)/129 
State plan for implementing 40 CFR part 60, subpart Ce ``Emission 
Guidelines for Existing Hospital/Medical/Infectious Waste 
Incinerators.'' The State plan was subsequently approved by EPA on July 
5, 2007 (72 FR 36605) and became effective under 40 CFR 62.8880 on 
August 6, 2007. As part of Ohio's HMIWI State plan, OAC Chapter 3745-
75, ``Infectious Waste Incinerator Limitations,'' was amended, 
submitted, and approved as part of Ohio's SIP (72 FR 36605). 
Subsequently, on October 6, 2009 (74 FR 51367), and April 4, 2011 (76 
FR 18407), EPA promulgated final revised emission guidelines and 
amendments under 40 CFR part 60, subpart Ce, and on May 13, 2013, EPA 
promulgated a final revised 40 CFR part 62, subpart HHH, Federal Plan 
(78 FR 28052).
    On January 24, 2018, Ohio EPA submitted a request to approve the 
removal of all OAC Chapter 3745-75 provisions from the Ohio SIP, 
relying instead on the Federal Plan. Ohio EPA conducted a public 
hearing on this matter in Columbus, Ohio on December 7, 2017.
    On April 12, 2019, at 84 FR 14901, EPA proposed to approve the 
removal of all OAC Chapter 3745-75 provisions from the Ohio SIP.

II. What comments did we receive on the proposed SIP revision?

    Our April 12, 2019 proposed rule provided a 30-day review and 
comment period. The comment period closed on May 13, 2019. EPA received 
one comment during the public comment period. The comment supported 
EPA's proposed action to allow the removal of Infectious Waste 
Incinerator provisions from the Ohio SIP.

III. What action is EPA taking?

    EPA is approving the revision to the Ohio SIP submitted by the Ohio 
EPA on January 24, 2018, because the removal of existing infectious 
waste incinerator requirements in OAC Chapter 3745-75 from the SIP 
meets all applicable requirements and would not interfere with 
reasonable further progress or attainment of any of the national 
ambient air quality standards.

IV. Incorporation by Reference

    In this document, EPA amends regulatory text that includes 
incorporation by reference. As described in the amendments to 40 CFR 
part 52 set forth below, EPA is removing provisions of the EPA-Approved 
Ohio Regulations from the Ohio SIP, which is incorporated by reference 
in accordance with the requirements of 1 CFR part 51. EPA has made, and 
will continue to make the SIP generally available through 
www.regulations.gov and at the EPA Region 5 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2, 
2017) regulatory action because SIP approvals are exempted under 
Executive Order 12866;
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

[[Page 36823]]

    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where EPA or an Indian tribe has 
demonstrated that a tribe has jurisdiction. In those areas of Indian 
country, the rule does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 30, 2019. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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 may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen oxides, 
Ozone, Volatile organic compounds.

    Dated: July 17, 2019.
Cathy Stepp,
Regional Administrator, Region 5
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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


Sec.  52.1870  [Amended]

0
2. In Sec.  52.1870, the table in paragraph (c) is amended by removing 
the heading ``Chapter 3745-75 Infectious Waste Incinerator 
Limitations'' and the entries for 3745-75-01 through 3745-75-06.

[FR Doc. 2019-16080 Filed 7-29-19; 8:45 am]
 BILLING CODE 6560-50-P
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