
[Federal Register: November 30, 2010 (Volume 75, Number 229)]
[Rules and Regulations]               
[Page 73967-73969]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30no10-12]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2010-0771; FRL-9233-4]

 
Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants, State of Delaware; Control of 
Emissions From Existing Hospital/Medical/Infectious Waste Incinerator 
(HMIWI) Units, Negative Declaration and Withdrawal of EPA Plan Approval

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve the State of 
Delaware's negative declaration and request for EPA withdrawal of its 
section 111(d)/129 plan (the plan) approval for HMIWI units.

DATES: This rule is effective January 31, 2011 without further notice, 
unless EPA receives adverse written comment by December 30, 2010. If 
EPA receives such comments, it will publish a timely withdrawal of the 
direct final rule in the Federal Register and inform the public that 
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2010-0771 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for 
submitting comments.
    B. E-mail: wilkie.walter@epa.gov.
    C. Mail: EPA-R03-OAR-2010-0771, Walter K. Wilkie, Associate 
Director, Air Protection Division, Office of Air Monitoring and 
Analysis, Mailcode 3AP40, U.S. Environmental Protection Agency, Region 
III, 1650 Arch Street, Philadelphia, Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2010-0771. EPA's policy is that all comments received will be included 
in the public docket without change, and may be made available online 
at http://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 http://
www.regulations.gov or e-mail. The http://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 e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, i.e., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form.

[[Page 73968]]

Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy during normal business 
hours at the Air Protection Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
Copies of the State submittal are available at the Delaware Department 
of Natural Resources and Environmental Control, 89 Kings Highway, P.O. 
Box 1401, Dover, Delaware 19903.

FOR FURTHER INFORMATION CONTACT: James B. Topsale, P.E., at (215) 814-
2190, or by e-mail at topsale.jim@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The Delaware HMIWI plan and related state rule were approved by EPA 
in the April 14, 2000 edition of the Federal Register and codified in 
40 CFR part 62, subpart I. (65 FR 20090). However, since that time, all 
three designated incinerator facilities in the plan inventory have been 
dismantled, according to the Delaware Department of Natural Resources 
and Environmental Control (DNREC). On October 6, 2009, EPA promulgated 
revised HMIWI emission guidelines under 40 CFR part 60, subpart Ce, 
that triggered the need for revised state plans. As a result, on June 
17, 2010, the DNREC requested EPA's approval of its negative 
declaration and plan withdrawal request. The submitted negative 
declaration contains the name of each designated facility that was 
dismantled, and the year it was dismantled.

II. Final Action

    EPA is approving the State of Delaware's negative declaration and 
request for EPA withdrawal of its plan approval for HMIWI units. DNREC 
has determined that there are now no designated facilities, subject to 
subpart Ce requirements, in its air pollution control jurisdiction. EPA 
accepts that determination. Accordingly, EPA is amending part 62 to 
reflect approval of the DNREC June 17, 2010 negative declaration and 
request for EPA withdrawal of the HMIWI plan approval. However, if an 
affected Delaware HMIWI unit is discovered in the future, all the 
requirements of the Federal Plan (including revisions or amendments), 
part 62, subpart HHH, will be applicable to the affected unit.

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 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 (CAA). 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 CAA. 
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 111(d)/129 plan submission for failure to use VCS. It 
would thus be inconsistent with applicable law for EPA, when it reviews 
a 111(d)/129 plan submission, to use VCS in place of a 111(d)/129 plan 
submission that otherwise satisfies the provisions of the CAA. Thus, 
the requirements of section 12(d) of the National Technology Transfer 
and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This 
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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by January 31, 2011. 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 the Delaware section 111(d)/129 negative 
declaration and request for EPA withdrawal of the HMIWI 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, Administrative practice and procedure, 
Air pollution control, Aluminum, Fertilizers, Fluoride, 
Intergovernmental relations, Paper and paper products industry, 
Phosphate, Reporting and recordkeeping requirements, Sulfur oxides, 
Sulfur acid plants, Waste treatment and disposal.

    Dated: November 17, 2010.
W.C. Early,
Acting Regional Administrator, Region III.

0
40 CFR part 62 is amended as follows:

[[Page 73969]]

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 I--Delaware

0
2. Section 62.1975 is amended by revising the section heading, 
designating the existing paragraph as (a) and adding paragraph (b) to 
read as follows:


Sec.  62.1975  Identification of plan--negative declaration.

* * * * *
    (b) On June 17, 2010, the Delaware Department of Natural Resources 
and Environmental Control submitted a negative declaration and request 
for withdrawal of EPA's plan approval under paragraph (a) of this 
section.


Sec.  62.1976  [Removed]

0
3. Section 62.1976 is removed.

0
4. Section 62.1977 is revised to read as follows:


Sec.  62.1977  Effective date.

    The effective date of the negative declaration and EPA withdrawal 
of the plan approval is January 31, 2011.

[FR Doc. 2010-30102 Filed 11-29-10; 8:45 am]
BILLING CODE 6560-50-P

