Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Rules and Regulations 3389 

* * * * * 

[FR Doc. 2012–1300 Filed 1–23–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R03–OAR–2011–0848; FRL–9620–6] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants, State of West 

Virginia; Control of Emissions From 

Existing 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 hospital/medical/infectious 

waste incinerator (HMIWI) Section 

111(d)/129 plan (the ‘‘plan’’). The 

revision contains a modified state rule 

for solid waste combustion that was 

updated as a result of the October 6, 

2009 amendments to Federal Emission 

Guidelines (EG) and New Source 

Performance Standards (NSPS), 40 CFR 

part 60, subparts Ce and Ec respectively. 

While West Virginia’s revised regulation 

contains requirements for various types 

of solid waste incineration units, the 

revisions and approval action relate 

only to HMIWI units. 

DATES: This rule is effective March 26, 

2012 without further notice, unless EPA 

receives adverse written comment by 

February 23, 2012. If EPA receives 

adverse comment, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0848 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: cox.kathleen@epa.gov. 

C. Mail: EPA–R03–OAR–2011–0848, 

Kathleen Cox, Associate Director, Office 

of Permits and Air Toxics, Mailcode 

3AP10, 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 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2011– 

0848. 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 

electronic docket are listed in the 

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 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 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

Mike Gordon, at (215) 814–2039, or by 

email at gordon.mike@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. Section 129 of the Clean Air Act 

(CAA) requires EPA to establish 

performance standards and emissions 

guidelines for various types of new and 

existing solid waste incineration units. 

Section 129(b)(2) requires States to 

submit to EPA for approval state plans 

that implement and enforce the 

promulgated EG. Section 129(b)(3) 

requires EPA to promulgate a Federal 

Plan (FP) within two years from the date 

on which the EG, or revision, was 

promulgated. The FP is applicable to 

any affected facility if the state has 

failed to receive EPA approval of the 

state plan, or revision. The FP acts as an 

enforcement place holder until the state 

submits and receives EPA approval of 

its plan. State plan submittals must be 

consistent with the relevant emissions 

guidelines, in this instance 40 CFR part 

60, subpart Ce, and the requirements of 

40 CFR part 60, subpart B and part 62, 

subpart A. Section 129 of the CAA 

regulates a mixture of air pollutants 

including organics (dioxins/furans), 

carbon monoxide, metals (cadmium, 

lead, and mercury), acid gases 

(hydrogen chloride, sulfur dioxide, and 

nitrogen oxides) and particulate matter 

(which includes opacity). 

The initial West Virginia plan for 

HMIWI units was approved by EPA on 

June 13, 2000 (65 FR 37046). The plan 

approval is codified in 40 CFR part 62, 

subpart XX. On September 7, 2011, the 

West Virginia Department of 

Environmental Protection submitted to 

EPA a formal Section 111(d)/129 plan 

revision for HMIWI units. The 

submitted plan revision was in response 

to the October 6, 2009 amendments to 

Federal EG and NSPS requirements for 

HMIWI units, 40 CFR part 60, subparts 

Ce and Ec, respectively (74 FR 51367). 

This rulemaking action will supersede 

EPA’s August 3, 2009 (74 FR 38348) 

approval of West Virginia’s initial plan 

revision. While the state rule revised by 

this action, 45CSR18, contains 

requirements for various types of solid 

waste incineration units, the revision to 

the plan by West Virginia and EPA’s 

approval action relate only to HMIWI 

units. 

II. Summary 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, as amended, 

and part 62, subpart A. The submitted 

plan revision meets all the cited 

requirements and those as described in 


srobinson on DSK4SPTVN1PROD with RULES
3390 Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Rules and Regulations 

EPA’s June 13, 2000 West Virginia plan 

approval. 

III. Final Action 

EPA is approving the West Virginia 

HMIWI Section 111(d)/129 plan 

revision to state rule 45CSR18 as a 

result of amendments to 40 CFR part 60, 

subparts Ce and Ec. 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 June 13, 2000 plan approval 

requirements, 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 EG, subpart Ce, and 

the related NSPS, subpart Ec, as 

amended. 

The EPA Administrator continues to 

retain authority for several tasks, as 

provided in section WV45CSR18–11. 

This retention of Federal authority also 

includes the granting of waivers for 

initial and annual compliance testing 

requirements. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

amendment and anticipates no adverse 

comment. However, in the ‘‘Proposed 

Rules’’ section of today’s Federal 

Register, EPA is publishing a separate 

document that will serve as the proposal 

to approve the SIP revision if adverse 

comments are filed. This rule will be 

effective on March 26, 2012 without 

further notice unless EPA receives 

adverse comment by February 23, 2012. 

If EPA receives adverse comment, EPA 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. EPA 

will address all public comments in a 

subsequent final rule based on the 

proposed rule. 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 

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. 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 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 

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 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.). 

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 March 26, 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 West Virginia’s 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, 

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: January 5, 2012. 

W.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. Section 7401 et seq. 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Rules and Regulations 3391 

Subpart XX—West Virginia 

■ 2. Section 62.12150 is amended by 

adding paragraph (c) to read as follows: 

§ 62.12150 Identification of plan. 

* * * * * 

(c) On September 7, 2011 the West 

Virginia Department of Environmental 

Protection submitted a State plan 

revision that updates the state rule for 

Control of Air Pollution from 

Combustion of Solid Waste in Hospital/ 

Medical/Infectious Waste Incinerators, 

WV45CSR18. 

■ 3. Revise § 62.12151 to read as 

follows: 

§ 62.12151 Identification of sources. 

The plan applies to each individual 

HMIWI: 

(a) For which construction was 

commenced on or before June 20, 1996, 

or for which modification was 

commenced on or before March 16, 

1998. 

(b) For which construction was 

commenced 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. 

■ 4. Section 62.12152 is amended by 

adding paragraph (c) to read as follows: 

§ 61.12152 Effective date. 

* * * * * 

(c) The September 7, 2011 plan 

revision is effective March 26, 2012. 

[FR Doc. 2012–1336 Filed 1–23–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2011–0002; Internal 

Agency Docket No. FEMA–B–1240] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Interim rule. 

SUMMARY: This interim rule lists 

communities where modification of the 

Base (1% annual-chance) Flood 

Elevations (BFEs) is appropriate because 

of new scientific or technical data. New 

flood insurance premium rates will be 

calculated from the modified BFEs for 

new buildings and their contents. 

DATES: These modified BFEs are 

currently in effect on the dates listed in 

the table below and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

prior to this determination for the listed 

communities. 

From the date of the second 

publication of these changes in a 

newspaper of local circulation, any 

person has ninety (90) days in which to 

request through the community that the 

Deputy Federal Insurance and 

Mitigation Administrator reconsider the 

changes. The modified BFEs may be 

changed during the 90-day period. 

ADDRESSES: The modified BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street SW., Washington, DC 20472, 

(202) 646–4064, or (email) Luis.

Rodriguez3@fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

modified BFEs are not listed for each 

community in this interim rule. 

However, the address of the Chief 

Executive Officer of the community 

where the modified BFE determinations 

are available for inspection is provided. 

Any request for reconsideration must 

be based on knowledge of changed 

conditions or new scientific or technical 

data. 

The modifications are made pursuant 

to section 201 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4105, 

and are in accordance with the National 

Flood Insurance Act of 1968, 42 U.S.C. 

4001 et seq., and with 44 CFR part 65. 

For rating purposes, the currently 

effective community number is shown 

and must be used for all new policies 

and renewals. 

The modified BFEs are the basis for 

the floodplain management measures 

that the community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

to remain qualified for participation in 

the National Flood Insurance Program 

(NFIP). 

These modified BFEs, together with 

the floodplain management criteria 

required by 44 CFR 60.3, are the 

minimum that are required. They 

should not be construed to mean that 

the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own or 

pursuant to policies established by other 

Federal, State, or regional entities. The 

changes in BFEs are in accordance with 

44 CFR 65.4. 

National Environmental Policy Act. 

This interim rule is categorically 

excluded from the requirements of 

44 CFR part 10, Environmental 

Consideration. An environmental 

impact assessment has not been 

prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This 

interim rule is not a significant 

regulatory action under the criteria of 

section 3(f) of Executive Order 12866 of 

September 30, 1993, Regulatory 

Planning and Review, 58 FR 51735. 

Executive Order 13132, Federalism. 

This interim rule involves no policies 

that have federalism implications under 

Executive Order 13132, Federalism. 

Executive Order 12988, Civil Justice 

Reform. This interim rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 65 

Flood insurance, Floodplains, 

Reporting and recordkeeping 

requirements. 

Accordingly, 44 CFR part 65 is 

amended to read as follows: 

PART 65—[AMENDED] 

■ 1. The authority citation for part 65 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 65.4 [Amended] 

■ 2. The tables published under the 

authority of § 65.4 are amended as 

follows: 


srobinson on DSK4SPTVN1PROD with RULES