Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Rules and Regulations 40013 

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 action 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. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 3, 2013. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action 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, 

removing articles 39, 42, 49, and 50 of 

chapter 9VAC5–40, part II (Existing 

Stationary Sources) from the Virginia 

SIP, may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Nitrogen dioxide, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: June 7, 2013. 

W. C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart VV—Virginia 

§ 52.2420 [Amended] 

■ 2. In § 52.2420, the table in paragraph 

(c) is amended by removing the entries 

for articles under ‘‘9VAC5, Chapter 40, 

Part II’’ for ‘‘Article 39 Emission 

Standards for Asphalt Paving 

Operations (Rule 4–39)’’, ‘‘Article 42 

Emissions Standards for Portable Fuel 

Container Spillage (Rule 4–42)’’, 

‘‘Article 49 Emission Standards for 

Architectural and Maintenance Coatings 

(Rule 4–49)’’, and ‘‘Article 50 Emission 

Standards for Consumer Products (Rule 

4–50)’’, in their entirety. 

[FR Doc. 2013–15728 Filed 7–2–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2013–0343; FRL–9824–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Illinois 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a request 

submitted by the Illinois Environmental 

Protection Agency (Illinois EPA) on 

April 11, 2013, to revise the Illinois 

state implementation plan (SIP). The 

submission revises Title 35 of the 

Illinois Administrative Code (IAC) Part 

254, Annual Emissions Report. The 

revision provides clarification regarding 

greenhouse gases (GHGs) as it relates to 

the annual emissions report. The 

rationale for approval and other 

information are provided in this 

rulemaking action. 

DATES: This direct final rule will be 

effective September 3, 2013, unless EPA 

receives adverse comments by August 2, 

2013. 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–2013–0343, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–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. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2013– 

0343. 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 

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40014 Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Rules and Regulations 

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 Charles Hatten, 

Environmental Engineer, (312) 886– 

6031 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Charles Hatten, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312)886–6031, 

hatten.charles@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. What is the background for this action? 

II. What revision did the state request? 

III. What action is EPA taking today? 

IV. Statutory and Executive Order Reviews. 

I. What is the background for this 

action? 

On April 11, 2013, the Illinois EPA 

submitted a request to EPA to revise the 

SIP to provide clarification regarding 

GHGs as it relates to the provisions at 

35 IAC Part 254, Annual Emissions 

Report. 

On December 28, 2012, the Illinois 

EPA published a ‘‘Notice of Public 

Information’’ in the Illinois Register 

providing a 30-day public comment 

period on the proposed revision to its 

SIP for GHGs relating to the annual 

emissions report program. The notice 

also provided for a public hearing if a 

request for a hearing was received by 

January 28, 2013. The Illinois EPA 

received no requests for a public 

hearing, and placed a ‘‘no public 

hearing request’’ notice on the Illinois 

EPA Web site at http:// 

www.epa.state.il.us/public-notices on 

February 6, 2013. 

II. What revision did the state request? 

The state has requested that EPA 

approve revisions to 35 IAC Part 254, 

which requires facilities to submit an 

annual emissions report to Illinois EPA. 

This revision is a non-substantive 

technical change that clarifies that the 

type of annual emissions report that a 

source needs to submit to Illinois EPA 

will not be based upon GHG emissions. 

Prior to this revision, section 

254.102(a)(1) of Subpart A, General 

Provisions, 35 IAC Part 254, provided 

that Subpart B, Reporting Requirements 

for Large Sources, applied to owners or 

operators of any source required to have 

an operating permit in accordance with 

35 IAC 201 that is permitted to emit 25 

tons per year or more of any 

combination of regulated air pollutants. 

In 2011, the Illinois General Assembly 

revised the definition of ‘‘regulated air 

pollutant’’ in section 39.5 of the Illinois 

Environmental Protection Act [415 

Illinois Compiled Statutes 5/39.5] to 

include GHGs. As a result, Illinois EPA 

revised section 254.102(a)(1) of Subpart 

A, General Provisions, 35 IAC Part 254, 

to clarify that the type of annual 

emissions report, i.e., a long form or a 

short form, that a source is required to 

submit will not be based on its GHG 

emissions. The revised applicability 

provisions at 35 IAC 254.102(a)(1) 

provide that Subpart B, Reporting 

Requirements for Large Sources, applies 

to owners or operators of any source 

required to have an operating permit in 

accordance with 35 IAC 201 that is 

permitted to emit 25 tons per year or 

more of any combination of regulated 

air pollutants, excluding greenhouse 

gases. Illinois EPA anticipates that the 

revised rule will avoid additional costs 

for small businesses, small 

municipalities and not-for-profit 

corporations who would otherwise be 

required to complete a long-form annual 

emissions report absent the revised rule. 

EPA finds that the revision to the 

applicability provisions of 35 IAC Part 

254 as they relate to GHGs is acceptable. 

III. What action is EPA taking today? 

EPA is approving the revision to the 

Illinois SIP at 35 IAC Part 254, regarding 

GHGs as it relates to the annual 

emissions report. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective September 3, 2013 without 

further notice unless we receive relevant 

adverse written comments by August 2, 

2013. 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. The 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 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. If we do not receive 

any comments, this action will be 

effective September 3, 2013. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Clean Air Act and 

applicable Federal regulations. 42 

U.S.C. 7410(k); 40 CFR 52.02(a). Thus, 

in reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, this 

action merely approves state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

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Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Rules and Regulations 40015 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 action 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. 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 September 3, 

2013. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action 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 may not be challenged later 

in proceedings to enforce its 

requirements. (See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Emissions Reporting, 

Incorporation by reference, Ozone, 

Volatile organic compounds. 

Dated: June 6, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. Section 52.720 is amended by 

adding paragraph (c)(196) to read as 

follows: 

§ 52.720 Identification of plan. 

* * * * * 

(c) * * * 

(196) On April 11, 2013, Illinois 

submitted a revision to 35 IAC Part 254, 

Annual Emissions Report. The revision 

amends the applicability provisions as 

they relate to greenhouse gases. 

(i) Incorporation by reference. 

Illinois Administrative Code Title 35: 

Environmental Protection, Subtitle B: 

Air Pollution; Chapter II: Environmental 

Protection Agency; Part 254: Annual 

Emission Report, Section 254.102: 

Applicability, effective April 20, 2012. 

[FR Doc. 2013–15611 Filed 7–2–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R03–OAR–2013–0434; FRL–9829–6] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; District of 

Columbia; Control of Emissions From 

Existing Hospital/Medical/Infectious 

Waste Incinerator Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a negative declaration 

for hospital/medical/infectious waste 

incinerator (HMIWI) units within the 

District of Columbia. This negative 

declaration certifies that HMIWI units 

subject to the requirements of sections 

111(d) and 129 of the Clean Air Act 

(CAA) do not exist within the 

jurisdictional boundaries of the District 

Department of the Environment (DDOE). 

EPA is accepting the negative 

declaration in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on 

September 3, 2013 without further 

notice, unless EPA receives adverse 

written comment by August 2, 2013. 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–2013–0434 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–2013–0434, 

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–2013– 

0434. 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. 

WREIER-AVILES on DSK5TPTVN1PROD with RULES