Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 24403 

§ 52. 570 Identification of plan. 

* * * * * 

(e) * * * 

EPA–APPROVED GEORGIA NON-REGULATORY PROVISIONS

Name of nonregulatory SIP 

provision Applicable geographic or nonattainment area 

State submittal 

date/effective 

date 

EPA approval date 

*******

33. Atlanta 1997 8-Hour Ozone 

2002 Base-Year Emissions Inventory.

Barrow, Bartow, Carroll, Cherokee, Clayton, Cobb, 

Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, 

Gwinnett, Hall, Henry, Newton, Paulding, Rockdale, 

Spalding and Walton Counties in their entireties.

10/21/2009 4/24/2012 [Insert citation of 

publication]. 

[FR Doc. 2012–9707 Filed 4–23–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R05–OAR–2012–0087; FRL–9663–4] 

Direct Final Approval of Hospital/ 

Medical/Infectious Waste Incinerators 

State Plan for Designated Facilities 

and Pollutants: Illinois 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving Illinois’ 

revised State Plan to control air 

pollutants from ‘‘Hazardous/Medical/ 

Infectious Waste Incinerators’’ (HMIWI). 

The Illinois Environmental Protection 

Agency (IEPA) submitted the revised 

State Plan on November 8, 2011 and 

supplemented it on December 28, 2011. 

The revised State Plan is consistent with 

revised Emission Guidelines (EGs) 

promulgated by EPA on October 6, 

2009. This approval means that EPA 

finds that the revised State Plan meets 

applicable Clean Air Act (Act) 

requirements for subject HMIWI units. 

Once effective, this approval also makes 

the revised State Plan Federally 

enforceable. 

DATES: This direct final rule will be 

effective June 25, 2012, unless EPA 

receives adverse comments by May 24, 

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–2012–0087, 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)886–6030. 

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 

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– 

0087. 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. What does the state plan contain? 

III. Does the state plan meet the EPA 

requirements? 

IV. What action is EPA taking? 

V. Statutory and Executive Order Reviews 

I. Background 

On October 6, 2009, in accordance 

with sections 111 and 129 of the Act, 

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24404 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 

EPA promulgated revised HMIWI EGs 

and compliance schedules for the 

control of emissions from HMIWI units. 

See 74 FR 51368. EPA codified these 

revised regulations at 40 CFR part 60, 

subpart Ce. A HMIWI unit as defined in 

40 CFR 60.51c is any device that 

combusts any amount of hospital waste 

and/or medical/infectious waste. Under 

section 129(b)(2) of the Act and the 

revised guidelines at subpart Ce, States 

with subject sources must submit to 

EPA plans that implement the revised 

EGs. The plans must be at least as 

protective as the revised EGs, which are 

not Federally enforceable until EPA 

approves a State Plan (or promulgates a 

Federal Plan for implementation and 

enforcement). 

On November 8, 2011 and 

supplemented on December 28, 2011, 

Illinois submitted its revised HMIWI 

State Plan to EPA. This submission 

followed public hearings for 

preliminary adoption of a revised State 

rule at 35 Ill. Adm. Code Part 229 on 

June 8, 2011 and June 28, 2011, and for 

final adoption on September 22, 2011. 

The revised rule at 35 Ill. Adm. Code 

Part 229, which establishes emission 

standards for existing HMIWI, became 

effective on September 30, 2011. The 

revised Plan includes the revisions to 

35 Ill. Adm. Code Part 229. 

II. What does the State plan contain? 

The State submittal is based on the 

revised HMIWI EGs (40 CFR subpart Ce) 

and the revised New Source 

Performance Standards (NSPS) (40 CFR 

part 60, subpart Ec) for HMIWI 

promulgated on October 6, 2009. The 

State’s revised rule at 35 Ill. Adm. Code 

Part 229 incorporates significant 

portions of the HMIWI EG’s. As set forth 

in CAA section 129 and in 40 CFR part 

60, subparts B and Ce, the revised State 

Plan address the thirteen minimum 

required elements, as follows: 

1. A demonstration of the State’s legal 

authority to carry out the HMIWI State 

Plan and identification of the 

enforceable mechanisms. Illinois has 

provided a detailed list of its legal 

authorities to carry out its Plan and 

identified the enforceable mechanism. 

2. An inventory of affected HMIWI 

units, including language that states that 

sources subject to the standard ‘‘include 

but are not limited to’’ the inventory in 

the State Plan and an additional 

statement that says ‘‘should another 

source be discovered subsequent to this 

notice, there will be no need to reopen 

the State Plan.’’ Illinois has provided 

this. 

3. An inventory of the emissions from 

each of the HMIWI units. Illinois has 

provided this. 

4. Emission limits for HMIWI that are 

the same as those required by the EG. 

Illinois has provided this. 

5. Testing and monitoring 

requirements that are the same as those 

required by the EG. Illinois has 

provided this. 

6. Reporting and recordkeeping 

requirements that are the same as those 

required by the EG. Illinois has 

provided this. 

7. Operator training and qualification 

requirements that are the same as those 

required by the EG. Illinois has 

provided this. 

8. Inspections requirements that are 

the same as those required by the EG. 

Illinois has provided this. 

9. Waste management plan 

requirements that are the same as those 

in the EG. Illinois has provided this. 

10. A compliance schedule with 

increments. Illinois has provided this. 

11. A final compliance date of 

October 6, 2014. Illinois has provided 

this. 

12. A record of public hearings on the 

revised State rule and Plan. Illinois has 

provided this. 

13. A provision for State progress 

reports to EPA. Illinois will submit 

information pertaining to emissions, 

inspections, status of compliance, dates 

of performance testing, and enforcement 

actions to EPA’s Emissions Inventory 

System and Air Facility System. Illinois 

has stated they will work with EPA 

regarding the format required for 

submission of performance test reports 

and correlation of State test data to 

emission limits. 

III. Does the state plan meet the EPA 

requirements? 

EPA evaluated the revised HMIWI 

State Plan submitted by Illinois for 

consistency with the Act, EPA 

regulations and policy. For the reasons 

discussed above, EPA has determined 

that the revised State Plan meets all 

applicable requirements and, therefore, 

is approving it. 

IV. What action is EPA taking? 

EPA is approving the revised State 

Plan which Illinois submitted on 

November 8, 2011 and December 28, 

2011, for the control of emissions from 

existing HMIWI sources in the State. 

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 Plan 

in the event adverse comments are filed. 

This rule will be effective June 25, 2012 

without further notice unless we receive 

relevant adverse written comments by 

May 24, 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 June 25, 2012. 

V. 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, 

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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 24405 

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 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 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 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 Act, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by June 25, 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 

plan revision for HMIWI sources 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, Hospital 

medical infectious waste incinerators, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: April 9, 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 O—Illinois 

■ 2. Sections 62.3340, 62.3341, and 

62.3342 are revised to read as follows: 

§ 62.3340 Identification of plan. 

Illinois submitted, on November 8, 

2011 and supplemented on December 

28, 2011, a revised State Plan for 

implementing the Emission Guidelines 

affecting Hospital/Medical Infectious 

Waste Incinerators (HMIWI). The 

enforceable mechanism for this revised 

State plan is 35 Ill. Adm. Code Part 229. 

This rule was adopted by the Illinois 

Pollution Control Board on September 

22, 2011 and became effective on 

September 30, 2011. 

§ 62.3341 Identification of sources. 

The Illinois State Plan for existing 

Hospital/Medical/Infectious Waste 

Incinerators (HMIWI) applies to all 

HMIWIs for which: 

(a) Construction commenced either on 

or before June 20, 1996 or modification 

was commenced either on or before 

March 16, 1998; or 

(b) Construction commenced either 

after June 20, 1996, but no later than 

December 1, 2008, or for which 

modification is commenced after March 

16, 1998, but no later than April 6, 2010. 

§ 62.3342 Effective date. 

The Federal effective date of the 

Illinois State Plan for existing Hospital/ 

Medical/Infectious Waste Incinerators is 

June 25, 2012. 

[FR Doc. 2012–9712 Filed 4–23–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R05–OAR–2012–0086; FRL–9663–2] 

Direct Final Approval of Hospital/ 

Medical/Infectious Waste Incinerators 

State Plan for Designated Facilities 

and Pollutants: Indiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving Indiana’s 

revised State Plan to control air 

pollutants from ‘‘Hazardous/Medical/ 

Infectious Waste Incinerators’’ (HMIWI). 

The Indiana Department of 

Environmental Management (IDEM) 

submitted the revised State Plan on 

December 14, 2011. The revised State 

Plan is consistent with revised Emission 

Guidelines (EGs) promulgated by EPA 

on October 6, 2009. This approval 

means that EPA finds that the revised 

State Plan meets applicable Clean Air 

Act (Act) requirements for subject 

HMIWI units. Once effective, this 

approval also makes the revised State 

Plan Federally enforceable. 

DATES: This direct final rule will be 

effective June 25, 2012, unless EPA 

receives adverse comments by May 24, 

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–2012–0086, 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) 886–6030. 

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 

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. 

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