Federal Register / Vol. 72, No. 66 / Friday, April 6, 2007 / Rules and Regulations 17025 

Guard will give notice to the public via 

a Broadcast Notice to Mariners that the 

regulation is in effect. 

Dated: March 29, 2007. 

B.C. Jones, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Lake Michigan. 

[FR Doc. E7–6424 Filed 4–5–07; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R01–OAR–2007–0136; A–1–FRL–

8295–6] 

Approval and Promulgation of State 

Plans for Designated Pollutants and 

Facilities; Rhode Island; Negative 

Declaration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a Section 

111(d) and 129 negative declaration 

submitted by the State of Rhode Island 

on November 5, 2006. This negative 

declaration adequately certifies that 

there are no existing ‘‘other solid waste 

incineration’’ (OSWI) units located 

within the boundaries of the State of 

Rhode Island. This action is being taken 

in accordance with the Clean Air Act. 

DATES: This direct final rule will be 

effective June 5, 2007, unless EPA 

receives adverse comments by May 7, 

2007. 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 Number EPA–

R01–OAR–2007–0136 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: cohen.ian@epa.gov 

3. Fax: (617) 918–0655. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2007–0136, 

Dan Brown, Chief, Air Permits, Toxics, 

and Indoor Air Unit, Office of 

Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, Suite 1100 (mail code 

CAP), Boston, MA 02114–2023. 

5. Hand Delivery or Courier. Deliver 

your comments to: Dan Brown, Chief, 

Air Permits, Toxics, and Indoor Air 

Unit, Office of Ecosystem Protection, 

U.S. Environmental Protection Agency, 

EPA New England Regional Office, One 

Congress Street, 11th floor, (CAP), 

Boston, MA 02114–2023. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30 excluding legal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2007–

0136. 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 through http:// 

www.regulations.gov, or e-mail, 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov website 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 at 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, Suite 1100, Boston, 

MA. EPA requests that if at all possible, 

you contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: Ian 

D. Cohen, Air Permits, Toxics, and 

Indoor Air Programs, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street (CAP), Boston, MA 

02114–2023, telephone number (617) 

918–1655, fax number (617) 918–0655, 

e-mail cohen.ian@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

How Can I Get Copies of This Document 

and Other Related Information? 

In addition to the publicly available 

docket materials available for inspection 

electronically in the Federal Docket 

Management System at http:// 

www.regulations.gov, and the hard copy 

available at the Regional Office, which 

are identified in the ADDRESSES section 

of this Federal Register, copies of the 

state submittal are also available for 

public inspection during normal 

business hours, by appointment at the 

State Air Agency: Office of Air 

Resources, Department of 

Environmental Management, 235 

Promenade Street, Providence, RI 

02908–5767. 

II. Rulemaking Information 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

A. Background and Purpose 

B. When did the Requirements first Become 

Known? 

C. What is the definition of an OSWI? 

D. When did Rhode Island submit its 

negative declaration? 

A. Background and Purpose 

Section 129 of the Clean Air Act 

requires EPA to publish rules regulating 

emissions from several classes of solid 

waste incinerators. Under Section 

111(d) of the Clean Air Act, EPA 

published regulations at 40 CFR Part 60 

Subpart B which require states to 

submit plans to control emissions of 

specific pollutants from designated 

facilities. As federal rules covering each 

category of solid waste incinerator are 

promulgated, a State must either submit 

a plan or accept delegation of a federal 

plan. If a state does not have a 

designated facility within its 

boundaries, the state may submit a 

negative declaration in lieu of a control 

plan. 


cprice-sewell on PROD1PC66 with RULES
17026 Federal Register / Vol. 72, No. 66 / Friday, April 6, 2007 / Rules and Regulations 

B. When did the requirements first 

become known? 

On December 9, 2004, EPA proposed 

emissions guidelines for other solid 

waste incinerators (OSWI) units. This 

action enabled EPA to list OSWI units 

as designated facilities. By proposing 

these guidelines, EPA specified 

particulate matter, opacity, sulfur 

dioxide, hydrogen chloride, oxides of 

nitrogen, carbon monoxide, lead, 

cadmium, mercury, and dioxins/furans 

as designated pollutants. These 

guidelines were published as a final rule 

on December 16, 2005 (70 FR 74870) 

and codified at 40 CFR 60, subpart 

EEEE. 

C. What is the definition of an OSWI? 

Forty CFR 60.2977 defines an OSWI 

as either a very small municipal waste 

combustion unit or an institutional 

waste unit. A very small municipal 

waste unit is a unit which combusts less 

than 35 tons per day of municipal solid 

waste or refuse derived fuel. An 

institutional waste unit is a unit which 

serves an organization having a 

governmental, educational, civic, or 

religious purpose. Units which meet 

certain criteria are not affected by this 

subpart. These criteria are listed in 40 

CFR 60.2887. 

D. When did Rhode Island submit its 

negative declaration? 

On November 8, 2006, the Rhode 

Island Department of Environmental 

Management (RI DEM) submitted a 

letter certifying that there are no 

existing OSWI units subject to 40 CFR 

Part 60 Subpart B. Section 111(d) of the 

Clean Air Act and 40 CRF 62.06 says 

that when no such designated facilities 

exist within a state’s boundaries, the 

affected state may submit a letter of 

‘‘negative declaration’’ instead of a 

control plan. Today’s action amends 40 

CFR Part 62 to include this negative 

declaration. 

III. Final Action 

EPA is approving the negative 

declaration of air emissions from OSWI 

submitted by the State of Rhode Island. 

The EPA is publishing this action 

without prior proposal because the 

Agency views this as a noncontroversial 

amendment 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 SIP revision 

should relevant adverse comments be 

filed. This rule will be effective June 5, 

2007 without further notice unless the 

Agency receives relevant adverse 

comments by May 7, 2007. 

If the EPA receives such comments, 

then EPA will publish a notice 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

the proposed rule. All parties interested 

in commenting on the proposed rule 

should do so at this time. If no such 

comments are received, the public is 

advised that this rule will be effective 

on June 5, 2007 and no further action 

will be taken on the proposed rule. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section 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. 

IV. Statutory and Executive Order 

Reviews 

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), because it merely 

approves a state rule implementing a 

federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. 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 action 

implementing a federal standard. 

In reviewing Section 111(d) 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air 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 

state action for failure to use VCS. It 

would thus be inconsistent with 

applicable law for EPA, when it reviews 

a state plan, to use VCS in place of a 

state plan that otherwise satisfies the 

provisions of the Clean Air 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.). 

The Congressional Review Act, 5 

U.S.C. section 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. 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. section 804(2). 

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 June 5, 2007. 

Interested parties should comment in 

response to the proposed rule rather 

than petition for judicial review, unless 


cprice-sewell on PROD1PC66 with RULES
Federal Register / Vol. 72, No. 66 / Friday, April 6, 2007 / Rules and Regulations 17027 

the objection arises after the comment 

period allowed for in the proposal. 

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 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 practices and 

procedures, Air pollution control, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, Solid 

Waste Incinerators, Waste treatment and 

disposal. 

Dated: March 27, 2007. 

Robert W. Varney, 

Regional Administrator, EPA New England. 

■ 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 OO—Rhode Island 

■ 2. Subpart OO is amended by adding 

a new § 62.9995 and a new 

undesignated center heading to read as 

follows: 

Air Emissions From Existing Other 

Solid Waste Incineration Units 

§ 62. 9995 Identification of Plan-Negative 

Declaration. 

On November 5, 2006, the Rhode 

Island Department of Environmental 

Management submitted a letter 

certifying that there are no existing 

other solid waste incineration units in 

the state subject to the emission 

guidelines under part 60, subpart EEEE 

of this chapter. 

[FR Doc. E7–6460 Filed 4–5–07; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 261 

[EPA–R05–RCRA–2007–0213; SW–FRL–

8294–8] 

Hazardous Waste Management 

System; Identification and Listing of 

Hazardous Waste Final Exclusion 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA (also, ‘‘the Agency’’

or ‘‘we’’ in this preamble) is granting a 

petition to exclude (or ‘‘delist’’) 

wastewater treatment plant sludges from 

conversion coating on aluminum 

generated by AutoAlliance 

International, Inc. (AAI), a Ford/Mazda 

joint venture company in Flat Rock, 

Michigan, from the list of hazardous 

wastes. 

Today’s action conditionally excludes 

the petitioned waste from the 

requirements of hazardous waste 

regulations under the Resource 

Conservation and Recovery Act (RCRA) 

when disposed of in a lined Subtitle D 

landfill which is permitted, licensed, or 

registered by a State to manage 

industrial solid waste. The exclusion 

was proposed on March 7, 2002 as part 

of an expedited process to evaluate this 

waste under a pilot project developed 

with the Michigan Department of 

Environmental Quality (MDEQ). The 

rule also imposes testing conditions for 

waste generated in the future to ensure 

that this waste continues to qualify for 

delisting. 

DATES: This rule is effective on April 6, 

2007. 

ADDRESSES: EPA has established an 

electronic docket for this action under 

Docket ID No. EPA–R05–RCRA–2007–

0213. The electronic docket contains all 

relevant documents created after this 

action was proposed as well as a 

selection of pertinent documents from 

the original paper docket for the 

proposed rule, Docket ID No. R5–

MIECOS–01. Certain other material, 

such as copyrighted material, is not 

placed on the Internet and will be 

publicly available only in hard copy 

form. All documents in the electronic 

docket are listed on the http:// 

www.regulations.gov Web site. Publicly 

available materials from Docket ID No. 

EPA–R05–RCRA–2007–0213 are 

available either electronically through 

http://www.regulations.gov or in hard 

copy. Materials from the original paper 

docket, Docket ID No. R5–MIECOS–01, 

are also available in hard copy. You can 

view and copy materials from both 

dockets at the Records Center, 7th floor, 

U.S. EPA Region 5, 77 West Jackson 

Blvd., Chicago, Illinois 60604. This 

facility is open from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. We recommend you telephone 

Todd Ramaly at (312) 353–9317 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Todd Ramaly, Waste, Pesticides, and 

Toxics Division, (Mail Code: DU–7J), 

EPA Region 5, 77 W. Jackson Blvd., 

Chicago, IL 60604; telephone number: 

(312) 353–9317; fax number: (312) 353–

4788; e-mail address: 

ramaly.todd@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

information in this section is organized 

as follows: 

I. Background 

A. What is a delisting petition? 

B. What regulations allow a waste to be 

delisted? 

C. What waste did AAI petition to delist? 

II. The Expedited Process for Delisting 

A. Why was the expedited process 

developed for this waste? 

B. What is the expedited process to delist 

F019? 

III. EPA’s Evaluation of This Petition 

A. What information was submitted in 

support of this petition? 

B. How did EPA evaluate the information 

submitted? 

IV. Public Comments Received on the 

Proposed Exclusion 

A. Who submitted comments on the 

proposed rule? 

B. Comments received and responses from 

EPA 

V. Final Rule Granting This Petition 

A. What decision is EPA finalizing? 

B. What are the terms of this exclusion? 

C. When is the delisting effective? 

D. How does this action affect the states? 

VI. Statutory and Executive Order Reviews 

I. Background 

A. What is a delisting petition? 

A delisting petition is a request from 

a generator to exclude waste from the 

list of hazardous wastes under RCRA 

regulations. In a delisting petition, the 

petitioner must show that waste 

generated at a particular facility does 

not meet any of the criteria for which 

EPA listed the waste as set forth in Title 

40 Code of Federal Regulations (40 CFR) 

261.11 and the background document 

for the waste. In addition, a petitioner 

must demonstrate that the waste does 

not exhibit any of the hazardous waste 

characteristics (that is, ignitability, 

reactivity, corrosivity, and toxicity) and 

must present sufficient information for 

us to decide whether factors other than 

those for which the waste was listed 

warrant retaining it as a hazardous 

waste. See 40 CFR 260.22, 42 United 

States Code (U.S.C.) 6921(f) and the 

background documents for a listed 

waste. 

Generators remain obligated under 

RCRA to confirm that their waste 

remains nonhazardous based on the 

hazardous waste characteristics even if 

EPA has ‘‘delisted’’ the wastes and to 

ensure that future generated wastes 

meet the conditions set. 


cprice-sewell on PROD1PC66 with RULES