38346 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Rules and Regulations 

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 

CAA. This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (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 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 October 2, 2009. 

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. 

Parties with objections to this direct 

final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

This action, approving the submitted 

West Virginia CISWI plan revision, 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: July 21, 2009. 

William C. Early, 

Acting Regional Administrator, Region III. 

■ 40 CFR Part 62, Subpart XX, 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 XX—West Virginia 

■ 2. Section 62.12155 is amended by 

designating the existing paragraph as 

paragraph (a) and adding paragraph (b) 

to read as follows: 

§ 62.12155 Identification of plan. 

* * * * * 

(b) On May 11, 2009, the West 

Virginia Department of Environmental 

Protection submitted a State plan 

revision (#1) that consolidates all 

existing section 111(d)/129 incinerator 

regulatory requirements into one 

modified rule, WV45CSR18. 

■ 3. Section 62.12157 is amended by 

designating the existing paragraph as 

paragraph (a) and adding paragraph (b) 

to read as follows: 

§ 61.12157 Effective date. 

* * * * * 

(b) Plan revision #1 is effective 

October 2, 2009. 

[FR Doc. E9–18480 Filed 7–31–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R03–OAR–2009–0463; FRL–8938–8] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants, West Virginia; 

Control of Emissions From Hospital/ 

Medical/Infectious Waste Incinerator 

Units, Plan Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the West 

Virginia (WV) hospital/medical/ 

infectious waste incinerator (HMIWI) 

111(d)/129 plan (the ‘‘plan’’). The 

revision contains a modified WV 

Department of Environmental 

Protection, Division of Air Quality 

(DAQ) rule that streamlines the State’s 

regulatory structure (WV45CSR6, 18, 

and 24) for incinerator units and 

incorporates applicable Clean Air Act 

(CAA), section 129, requirements into 

one rule, WV45CSR18. This approval 

action relates only to HMIWI units. The 

streamlining of the State’s regulatory 

structure of its incinerator rules is not 

an EPA requirement. 

DATES: This rule is effective October 2, 

2009 without further notice, unless EPA 

receives adverse written comment by 

September 2, 2009. 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–2009–0463 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: E-mail: http:// 

wilkie.walter@epa.gov. 

C. Mail: EPA–R03–OAR–2009–0463, 

Walter Wilkie, Chief, Air Quality 

Analysis Branch, Mailcode 3AP22, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Rules and Regulations 38347 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2009– 

0463. 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. 

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 West Virginia Division 

of Air Quality, 601 57th Street, SE., 

Charleston, West Virginia 25304. 

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 initial West Virginia HMIWI plan 

was approved by EPA in the June 13, 

2000 edition of the Federal Register. (65 

FR 37046). The plan approval is 

codified in 40 CFR Part 62, subpart XX. 

On May 11, 2009, the West Virginia 

Department of Environmental Protection 

submitted to EPA a formal 111(d)/129 

plan revision for HMIWI units. The 

submitted plan revision is part of an 

effort to streamline and consolidate 

DAQ’s Clean Air Act, section 129, 

requirements for commercial industrial 

solid waste incinerator (CISWI) and 

HMIWI units. All applicable section 129 

incinerator regulatory requirements are 

now in one State rule, WV45CSR18. 

However, this approval action relates 

only to HMIWI units. A related plan 

revision for CISWI units will be 

addressed in a separate Federal Register 

notice and rulemaking action. The 

consolidation of the DAQ incinerator 

rules into one is not an EPA 

requirement. 

Section 129 of the CAA regulates a 

mixture of air pollutants. These 

pollutants include organics (dioxins/ 

furans), carbon monoxide, metals 

(cadmium, lead, mercury), acid gases 

(hydrogen chloride, sulfur dioxide, and 

nitrogen oxides) and particulate matter 

(including opacity). 

II. Review of West Virginia’s HMIWI 

Plan Revision 

EPA has reviewed the West Virginia 

HMIWI plan revision submittal in the 

context of the requirements of 40 CFR 

Part 60, subparts B and Ce; and Part 62, 

subpart A. The submitted plan revision 

meets all the cited requirements and 

those as described in EPA’s original 

approval of West Virginia’s plan 

approval on June 13, 2000. (65 FR 

37046). 

III. Final Action 

EPA is approving the West Virginia 

HMIWI plan revision that streamlines 

and consolidates its section 111(d)/129 

existing incinerator regulations into one 

rule, WV45CSR18. Therefore, EPA is 

amending 40 CFR Part 62, subpart XX, 

to reflect this action. This approval is 

based on the rationale discussed above 

and in further detail in the technical 

support document (TSD) associated 

with this action. This plan revision 

approval does not negate or void any of 

the initial plan approval requirements 

(65 FR 37046), including compliance 

dates for any affected facility. The scope 

of this plan revision approval is limited 

to the provisions of 40 CFR Parts 60 and 

62 for existing HMIWI units, as 

referenced in the emission guidelines, 

subpart Ce, and the related new source 

performance standard, subpart Ec. 

CISWI and other types of section 129 

incinerator rule requirements are not 

included in the scope of this approval 

action. 

The EPA Administrator continues to 

retain authority for several tasks, as 

cited in State rule WV45CSR18, § 45– 

18–9. This retention of Federal authority 

also includes the granting of waivers for 

initial and annual compliance testing 

requirements. 

EPA is publishing this action without 

prior proposal because the Agency 

views this as a noncontroversial 

amendment and anticipates no adverse 

comments. This action simply reflects 

already existing Federal requirement for 

State air pollution control agencies and 

existing HMIWI units that are subject to 

the provisions of 40 CFR Part 60, 

subparts B and Ce, respectively. 

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 111(d)/129 plan revision 

should relevant adverse or critical 

comments be filed. This rule will be 

effective October 2, 2009 without 

further notice unless the Agency 

receives relevant adverse comments by 

September 2, 2009. If EPA receives such 

comments, then EPA will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule did not take effect. EPA will 

address all public comments in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so at this time. 

IV. 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 


sroberts on DSKD5P82C1PROD with RULES
38348 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Rules and Regulations 

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 CAA. This rule also is not subject 

to Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (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 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 October 2, 2009. 

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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action, 

approving the submitted West Virginia 

HMIWI plan revision, 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: July 21, 2009. 

William C. Early, 

Acting Regional Administrator, Region III. 

■ 40 CFR Part 62, Subpart XX, 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 XX—West Virginia 

■ 2. Section 62.12150 is amended by 

designating the existing paragraph as 

paragraph (a) and adding paragraph (b) 

to read as follows: 

§ 62.12150 Identification of plan. 

* * * * * 

(b) On May 11, 2009, the West 

Virginia Department of Environmental 

Protection submitted a State plan 

revision (#1) that consolidates all 

existing section 111(d)/129 incinerator 

regulatory requirements into one 

modified rule, WV45CSR18. 

■ 3. Section 62.12152 is amended by 

designating the existing paragraph as 

paragraph (a) and adding paragraph (b) 

to read as follows: 

§ 61.12152 Effective date. 

* * * * * 

(b) Plan revision #1 is effective 

October 2, 2009. 

[FR Doc. E9–18482 Filed 7–31–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 141 

[EPA–HQ–OW–2009–0345; FRL–8930–8] 

Expedited Approval of Alternative Test 

Procedures for the Analysis of 

Contaminants Under the Safe Drinking 

Water Act; Analysis and Sampling 

Procedures 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action announces the 

Environmental Protection Agency’s 

(EPA’s) approval of alternative testing 

methods for use in measuring the levels 

of contaminants in drinking water and 

determining compliance with national 

primary drinking water regulations. The 

Safe Drinking Water Act (SDWA) 

authorizes EPA to approve the use of 

alternative testing methods through 

publication in the Federal Register. EPA 

is using this streamlined authority to 

make six additional methods available 

for analyzing drinking water samples 

required by regulation. This expedited 

approach provides public water 

systems, laboratories, and primacy 

agencies with more timely access to new 


sroberts on DSKD5P82C1PROD with RULES