Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Proposed Rules 72611 

imposed by Federal law,’’ any person 

making a voluntary disclosure of 

information to a state agency regarding 

a violation of an environmental statute, 

regulation, permit, or administrative 

order is granted immunity from 

administrative or civil penalty. The 

Attorney General’s January 12, 1998 

opinion states that the quoted language 

renders this statute inapplicable to 

enforcement of any Federally authorized 

programs, since ‘‘no immunity could be 

afforded from administrative, civil, or 

criminal penalties because granting 

such immunity would not be consistent 

with Federal law, which is one of the 

criteria for immunity.’’ 

Therefore, EPA has determined that 

Virginia’s Privilege and Immunity 

statutes will not preclude the 

Commonwealth from enforcing its 

program consistent with the Federal 

requirements. In any event, because 

EPA has also determined that a state 

audit privilege and immunity law can 

affect only state enforcement and cannot 

have any impact on Federal 

enforcement authorities, EPA may at 

any time invoke its authority under the 

CAA, including, for example, sections 

113, 167, 205, 211 or 213, to enforce the 

requirements or prohibitions of the 

section 111(d)/129 plan, independently 

of any state enforcement effort. In 

addition, citizen enforcement under 

section 304 of the CAA is likewise 

unaffected by this, or any, state audit 

privilege or immunity law. 

IV. Proposed Action 

EPA is proposing to approve the 

Virginia section 111(d)/129 plan for SSI 

units submitted pursuant to 40 CFR part 

60, subpart MMMM. Therefore, EPA is 

proposing to amend 40 CFR part 62, 

subpart VV to reflect this action. This 

approval is based on the rationale 

previously discussed and in further 

detail in the TSD associated with this 

action. The scope of the proposed 

approval of the section 111(d)/129 plan 

is limited to the provisions of 40 CFR 

parts 60 and 62 for existing SSI units, 

as referenced in the emission 

guidelines, subpart MMMM. 

The EPA Administrator continues to 

retain authority for several tasks, as 

stipulated in 40 CFR § 60.5050 as well 

as the ‘‘Plan Provisions’’ section of 

Virginia’s section 111(d)/129 plan 

submittal. This retention of federal 

authority includes the granting of 

waivers for performance tests. 

V. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this proposed 

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 proposes 

to approve state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this 

proposed 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 proposes to 

approve 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 

(Public Law 104–4). This proposed rule 

also 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, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), nor will 

it 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), because it merely 

proposes to approve 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 proposed 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 VADEQ’s 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 VADEQ submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a VADEQ 

submission, to use VCS in place of a 

VADEQ 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. As required by 

section 3 of Executive Order 12988 (61 

FR 4729, February 7, 1996), in issuing 

this proposed rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. EPA 

has complied with Executive Order 

12630 (53 FR 8859, March 15, 1988) by 

examining the takings implications of 

the rule in accordance with the Attorney 

General’s ‘‘Supplemental Guidelines for 

the Evaluation of Risk and Avoidance of 

Unanticipated Takings’’ issued under 

the executive order. This proposed rule 

for the approval of VADEQ’s section 

111(d)/129 plan for SSI units does not 

impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

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 15, 2013. 

W.C. Early, 

Acting, Regional Administrator, Region III. 

[FR Doc. 2013–28958 Filed 12–2–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R05–OAR–2013–0678; FRL–9903–34– 

Region 5] 

Proposal for Hospital/Medical/

Infectious Waste Incinerator Negative 

Declaration for Designated Facilities 

and Pollutants: Michigan and 

Wisconsin 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is notifying the public 

that we have received from Michigan 

and Wisconsin negative declarations for 

Hospital/Medical/Infectious Waste 

Incinerators (HMIWI). The Michigan 

Department of Environmental Quality 

submitted on August 9, 2013 a negative 

declaration certifying that there are no 

HMIWI units currently operating in the 


emcdonald on DSK67QTVN1PROD with PROPOSALS
72612 Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Proposed Rules 

state of Michigan. The Wisconsin 

Department of Natural Resources 

submitted on July 15, 2013 a negative 

declaration certifying that there are no 

HMIWI units currently operating in the 

state of Wisconsin. 

DATES: Comments must be received on 

or before January 2, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2013–0678, 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 

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. 

Please see the direct final rule which is 

located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

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: In the 

Rules section of this Federal Register, 

EPA is amending 40 CFR part 62 to 

reflect the States’ submittals of the 

negative declarations as a direct final 

rule without prior proposal because the 

Agency views this as a noncontroversial 

action and anticipates no adverse 

comments. A detailed rationale for the 

action is set forth in the direct final rule. 

If no adverse comments are received in 

response to this rule, no further activity 

is contemplated. If EPA receives adverse 

comments, we will withdraw the direct 

final rule and will address all public 

comments in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on any part of this rule, and 

if that provision may be severed from 

the remainder of the rule, EPA may 

adopt as final those provisions of the 

rule that are not the subject of an 

adverse comment. For additional 

information, see the direct final rule 

which is located in the Rules section of 

this Federal Register. 

Dated: November 8, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2013–28964 Filed 12–2–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 194 

[EPA–HQ–OAR–2013–0684; FRL–9903–38– 

OAR] 

Criteria for the Certification and 

Recertification of the Waste Isolation 

Pilot Plant’s Compliance With the 

Disposal Regulations; Panel Closure 

Redesign 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: With this notice, the U.S. 

Environmental Protection Agency (EPA, 

or the Agency) proposes to approve the 

U.S. Department of Energy’s (DOE, or 

the Department) planned change request 

to implement the Run-of-Mine Panel 

Closure System (ROMPCS) at the Waste 

Isolation Pilot Plant (WIPP) and to 

amend the WIPP Compliance Criteria to 

allow an EPA-approved panel closure 

other than the currently-required Option 

D design. Technical analyses 

demonstrate that, with the modified 

panel closure design, WIPP remains in 

compliance with the release limits set 

by the ‘‘Environmental Standards for the 

Management and Disposal of Spent 

Nuclear Fuel, High-Level and 

Transuranic (TRU) Radioactive Waste.’’ 

The proposed changes do not lessen the 

requirements for complying with the 

Compliance Criteria, nor do these 

changes impact the technical approach 

that the EPA will employ when 

considering any future planned changes 

to the panel closure system. Compliance 

with environmental or public health 

regulations other than the EPA’s 

disposal regulations and WIPP 

Compliance Criteria is not addressed by 

today’s action. Today’s notice marks the 

beginning of a 60-day public comment 

period on this proposed action. 

DATES: Comments must be received on 

or before February 3, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2013–0684, by one of the 

following methods— 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: to a-and-r-docket@epa.gov; 

Docket ID No. EPA–HQ–OAR–2013– 

0684. 

• Fax: (202) 566–1741. 

• Mail: Air and Radiation Docket and 

Information Center, Environmental 

Protection Agency, Mail Code: 6102T, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460. 

Instructions: Direct your comments to 

Attn: Docket ID No. EPA–HQ–OAR– 

2013–0684. The Agency’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 the 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 the 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, the 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 the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the Agency may not be able to consider 

your comment. Electronic files should 

avoid the use of special characters or 

any form of encryption and be free of 

any defects or viruses. For additional 

information about the EPA’s public 

docket, visit the EPA Docket Center 

homepage at http://www.epa.gov/

epahome/dockets.htm. 

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. 


emcdonald on DSK67QTVN1PROD with PROPOSALS