32022 Federal Register / Vol. 77, No. 105 / Thursday, May 31, 2012 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Kenneth 

Moss, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–9232; email address: 

moss.kenneth@epa.gov. 

For general information contact: The 

TSCA–Hotline, ABVI–Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA– 

Hotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

A list of potentially affected entities is 

provided in the Federal Register of 

April 4, 2012 (77 FR 20296) (FRL–9333– 

3). If you have questions regarding the 

applicability of this action to a 

particular entity, consult the technical 

person listed under FOR FURTHER

INFORMATION CONTACT. 

II. What rule is being withdrawn? 

In the Federal Register of April 4, 

2012 (77 FR 20296), EPA issued several 

direct final SNURs, including a SNUR 

for the chemical substance that is the 

subject of this withdrawal. These direct 

final rules were issued pursuant to the 

procedures in 40 CFR part 721, subpart 

D. In accordance with § 721.160(c)(3)(ii), 

EPA is withdrawing the rule issued for 

a chemical substance identified 

generically as C15 olefins, which was 

the subject of PMN P–11–511, because 

the Agency received a notice of intent 

to submit adverse comments. EPA 

intends to publish a proposed SNUR for 

this chemical substance under separate 

notice and comment procedures. 

For further information regarding 

EPA’s expedited process for issuing 

SNURs, interested parties are directed to 

40 CFR part 721, subpart D, and the 

Federal Register of July 27, 1989 (54 FR 

31314). The record for the direct final 

SNUR for this chemical substance that 

is being withdrawn was established at 

EPA–HQ–OPPT–2011–0942. That 

record includes information considered 

by the Agency in developing this rule 

and the notice of intent to submit 

adverse comments. 

III. How do I access the docket? 

To access the electronic docket, 

please go to http://www.regulations.gov 

and follow the online instructions to 

access docket ID number EPA–HQ– 

OPPT–2011–0942. Additional 

information about the Docket Facility is 

provided under ADDRESSES in the 

Federal Register of April 4, 2012 (77 FR 

20296). If you have questions, consult 

the technical person listed under FOR

FURTHER INFORMATION CONTACT. 

IV. Statutory and Executive Order 

Reviews 

This final rule revokes or eliminates 

an existing regulatory requirement and 

does not contain any new or amended 

requirements. As such, the Agency has 

determined that this withdrawal will 

not have any adverse impacts, economic 

or otherwise. The statutory and 

executive order review requirements 

applicable to the direct final rule were 

discussed in the Federal Register of 

April 4, 2012 (77 FR 20296). Those 

review requirements do not apply to 

this action because it is a withdrawal 

and does not contain any new or 

amended requirements. 

V. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and 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). 

List of Subjects 

40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: May 18, 2012. 

Maria J. Doa, 

Director, Chemical Control Division, Office 

of Pollution Prevention and Toxics. 

Therefore, 40 CFR parts 9 and 721 are 

amended as follows: 

PART 9—[AMENDED] 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 7 U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671; 

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342, 1344, 1345 (d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C. 241, 

242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 

300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 

6901–6992k, 7401–7671q, 7542, 9601–9657, 

11023, 11048. 

■ 2. The table in § 9.1 is amended by 

removing under the undesignated center 

heading ‘‘Significant New Uses of 

Chemical Substances’’ § 721.10291. 

PART 721—[AMENDED] 

■ 3. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

§ 721.10291 [Removed] 

■ 4. Remove § 721.10291. 

[FR Doc. 2012–12920 Filed 5–30–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R05–OAR–2012–0312; FRL–9679–6] 

Direct Final Negative Declaration and 

Withdrawal of Large Municipal Waste 

Combustors State Plan for Designated 

Facilities and Pollutants: Illinois 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve Illinois’ negative 

declaration and request for EPA 

withdrawal of its 111(d)/129 State Plan 

to control air pollutants from ‘‘Large 

Municipal Waste Combustors’’ (LMWC). 

DATES: This direct final rule will be 

effective July 30, 2012, unless EPA 

receives adverse comments by July 2, 

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–2012–0312, 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 

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Federal Register / Vol. 77, No. 105 / Thursday, May 31, 2012 / Rules and Regulations 32023 

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– 

0312. 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. Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

Sections 111(d) and 129 of the Clean 

Air Act require submittal of State plans 

to control certain pollutants (designated 

pollutants) at existing solid waste 

combustion facilities (designated 

facilities) whenever standards of 

performance have been established 

under section 111(d) for new sources of 

the same type and EPA has established 

emission guidelines for such existing 

sources. Standards of performance for 

new LMWC units and emission 

guidelines for all existing LMWC units 

constructed on or before September 20, 

1994, were originally established by 

EPA on December 15, 1995 (60 FR 

65415). 

EPA approved Illinois’ LMWC State 

Plan to implement EPA’s emission 

guidelines for existing LMWCs on 

December 29,1997 at 62 FR 67570 and 

codified at 40 CFR 62.3350. The only 

LMWC operating in the State was 

Robbins Resource Recovery Center 

(RRRC). On May 10, 2006, EPA 

promulgated revised LMWC emission 

guidelines under 40 CFR part 60 subpart 

Cb, that triggered the need for states to 

submit revised State Plans to implement 

the revised emission guidelines for 

existing sources in the state. However, 

40 CFR 62.06 provides that if there are 

no existing sources of the designated 

pollutants within a state, the state may 

submit a letter of certification to that 

effect, or a negative declaration, in lieu 

of a plan. The negative declaration 

exempts the state from the requirements 

to submit a State Plan for designated 

pollutants at designated facilities. On 

February 1, 2012, the Illinois 

Environmental Protection Agency 

(IEPA) submitted a negative declaration 

letter to EPA certifying that the only 

designated facility in the State Plan, 

RRRC, ceased operation and is 

completely shut down, and requested 

that EPA withdraw the Illinois’ State 

Plan implementing the emission 

guidelines for LMWCs. 

II. Final Action 

IEPA has determined that there are 

now no existing facilities subject to 

subpart Cb requirements in the State. 

EPA accepts the State’s negative 

declaration. EPA is approving the State 

of Illinois’ negative declaration and 

request for withdrawal of its State Plan 

for LMWCs. Accordingly, EPA is 

amending part 62 to reflect approval of 

the IEPA February 1, 2012, negative 

declaration and request for EPA 

withdrawal of the LMWC State Plan. 

However, if an affected Illinois LMWC 

unit is discovered in the future, all the 

requirements of the Federal plan 

(including revisions or amendments), 

part 62, subpart FFF, will be applicable 

to the affected unit. 

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’s 

negative declaration and request for 

withdrawal of Illinois’ State Plan for 

LMWC units in the event adverse 

comments are filed. This rule will be 

effective July 30, 2012 without further 

notice unless we receive relevant 

adverse written comments by July 2, 

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 July 30, 2012. 

III. 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 

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32024 Federal Register / Vol. 77, No. 105 / Thursday, May 31, 2012 / Rules and Regulations 

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 July 30, 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 

negative declaration and request for 

EPA withdrawal of the LMWC plan 

approval 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, Large municipal 

waste combustors, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: May 16, 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 P—Illinois 

■ 2. Section 62.3350 is amended by 

revising the section heading, 

designating the existing paragraph as (a) 

and adding paragraph (b) to read as 

follows: 

§ 62.3350 Identification of plan—negative 

declaration. 

* * * * * 

(b) On February 1, 2012, the Illinois 

Environmental Protection Agency 

submitted a negative declaration that 

there are no large municipal waste 

combustors in the State of Illinois 

subject to part 60, subpart Cb emission 

guidelines and requested withdrawal of 

its State Plan for LMWC units approved 

under paragraph (a) of this section. 

■ 3. A new § 62.3351 is added to read 

as follows: 

§ 62.3351 Effective date. 

The Federal effective date of the 

negative declaration and withdrawal of 

Illinois’ State Plan for LMWC units is 

July 30, 2012. 

[FR Doc. 2012–13205 Filed 5–30–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R09–OAR–2010–0491; FRL–9679–7] 

Designation of Areas for Air Quality 

Planning Purposes; State of Arizona; 

Pinal County; PM10

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Pursuant to section 107(d)(3) 

of the Clean Air Act, the EPA is 

redesignating from ‘‘unclassifiable’’ to 

‘‘nonattainment’’ an area in western 

Pinal County, Arizona, for the 1987 

national ambient air quality standard for 

particles with an aerodynamic diameter 

less than or equal to a nominal 10 

micrometers (PM10), and therefore also 

revising the boundaries of the existing 

‘‘rest of state’’ unclassifiable area. The 

EPA’s establishment of this new PM10

nonattainment area, referred to as ‘‘West 

Pinal,’’ is based on numerous recorded 

violations of the PM10 standard at 

various monitoring sites within the 

county. With the exception of Indian 

country and certain Federal lands, the 

EPA’s nonattainment area boundaries 

generally encompass the land 

geographically located within Pinal 

County north of the east-west line 

defined by the southern line of 

Township 9 South, Gila and Salt River 

Baseline and Meridian, and west of the 

north-south line defined by the eastern 

line of Range 8 East, except where the 

boundary extends farther east in the 

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