13122 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 

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, Carbon monoxide, 

Intergovernmental relations, 

Incorporation by reference, Nitrogen 

dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: February 25, 2009. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart (B)—Alabama 

■ 2. Section 52.50(e) is amended by 

adding a new entry at the end of the 

table for ‘‘Conformity SIP for 

Birmingham and Jackson County’’ to 

read as follows: 

§ 52.50 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS

Name of nonregulatory SIP 

provision 

Applicable geographic or 

nonattainment area 

State submittal 

date/effective 

date 

EPA approval date Explanation 

* * * * * * * 

Conformity SIP for Birmingham and 

Jackson County.

Jefferson County, Shelby County, 

Jackson County.

12/12/2008 3/26/2009 [Insert citation of publication].

[FR Doc. E9–6647 Filed 3–25–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R09–OAR–2008–0942; FRL–8781–2] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; Control of 

Emissions From Existing Other Solid 

Waste Incinerator Units; Arizona; Pima 

County Department of Environmental 

Quality 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a negative declaration 

submitted by the Pima County 

Department of Environmental Quality. 

The negative declaration certifies that 

other solid waste incinerator units, 

subject to the requirements of sections 

111(d) and 129 of the Clean Air Act, do 

not exist within the agency’s air 

pollution control jurisdiction. 

DATES: This rule is effective on May 26, 

2009 without further notice, unless EPA 

receives adverse comments by April 27, 

2009. If we receive such comment, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2008–0942, by one of the 

following methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through http:// 

www.regulations.gov or e-mail. http:// 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send e-mail 

directly to EPA, your e-mail address 

will be automatically captured and 

included as part of the public comment. 

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. 

Docket: The index to the docket for 

this action is available electronically at 

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

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. 

While all documents in the docket are 

listed in the index, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material), and some may not be publicly 

available in either location (e.g., CBI). 

To inspect the hard copy materials, 

please schedule an appointment during 

normal business hours with the contact 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Mae 

Wang, EPA Region IX, (415) 947–4124, 

wang.mae@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

II. Final EPA Action 

III. Statutory and Executive Order Reviews 

I. Background 

Sections 111(d) and 129 of the Clean 

Air Act (CAA or the Act) require States 

to submit plans to control certain 

pollutants (designated pollutants) at 

existing solid waste combustor facilities 

(designated facilities) whenever 

standards of performance have been 

established under section 111(b) for new 

sources of the same type, and EPA has 

established emission guidelines (EG) for 

such existing sources. A designated 

pollutant is any pollutant for which no 

air quality criteria have been issued, and 

which is not included on a list 

published under section 108(a) or 

section 112(b)(1)(A) of the CAA, but 

emissions of which are subject to a 

standard of performance for new 

stationary sources. However, section 

129 of the CAA also requires EPA to 

promulgate EG for solid waste 

incineration units that emit a mixture of 

air pollutants. These pollutants include 

organics (dioxins/furans), carbon 

monoxide, metals (cadmium, lead, 

mercury), acid gases (hydrogen chloride, 

sulfur dioxide, and nitrogen oxides) and 

particulate matter (including opacity). 

Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 13123 

On December 16, 2005, (70 FR 74870), 

EPA promulgated new source 

performance standards and EG for other 

solid waste incineration (OSWI) units, 

located at 40 CFR part 60, subparts 

EEEE and FFFF, respectively. The 

designated facility to which the EG 

apply is each existing OSWI unit, as 

defined in subpart FFFF, that 

commenced construction on or before 

December 9, 2004. 

Subpart B of 40 CFR part 60 

establishes procedures to be followed 

and requirements to be met in the 

development and submission of State 

plans for controlling designated 

pollutants. Also, 40 CFR part 62 

provides the procedural framework for 

the submission of these plans. When 

designated facilities are located in a 

State, the State must then develop and 

submit a plan for the control of the 

designated pollutant. However, 40 CFR 

60.23(b) and 62.06 provide that if there 

are no existing sources of the designated 

pollutant in the State, the State may 

submit a letter of certification to that 

effect (i.e., negative declaration) in lieu 

of a plan. The negative declaration 

exempts the State from the requirements 

of subpart B for the submittal of a 

111(d)/129 plan. 

II. Final EPA Action 

The Pima County Department of 

Environmental Quality (PDEQ) has 

determined that there are no designated 

facilities subject to the OSWI unit EG 

requirements in its air pollution control 

jurisdiction. On April 14, 2008, PDEQ 

submitted to EPA a negative declaration 

letter certifying this fact. EPA is 

amending 40 CFR part 62, subpart D— 

Arizona, to reflect the receipt of this 

negative declaration letter. 

After publication of this Federal 

Register notice, if an OSWI facility is 

later found within the PDEQ 

jurisdiction, then the overlooked facility 

will become subject to the requirements 

of the Federal OSWI 111(d)/129 plan, 

including the compliance schedule. The 

Federal plan would no longer apply if 

EPA were to subsequently receive and 

approve a 111(d)/129 plan from PDEQ. 

EPA is publishing this action without 

prior proposal because the Agency 

views this as a noncontroversial 

amendment and anticipates no adverse 

comments. This action simply reflects 

already existing Federal requirements 

for State air pollution control agencies 

under 40 CFR parts 60 and 62. In the 

Proposed Rules section of this Federal 

Register publication, EPA is publishing 

a separate document that will serve as 

the proposal to approve PDEQ’s 

negative declaration should relevant 

adverse or critical comments be filed. 

This rule will be effective May 26, 

2009 without further notice unless the 

Agency receives relevant adverse 

comments by April 27, 2009. If EPA 

receives such comments, then EPA will 

publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. The EPA will not 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so at this time. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

state plan submission that complies 

with the provisions of the Act and 

applicable Federal regulations. 42 

U.S.C. 7429(b)(2); 40 CFR 62.02(a). 

Thus, in reviewing state plan 

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 

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 it 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). 

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, Sulfuric acid plants, Waste 

treatment and disposal. 

Dated: February 18, 2009. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

■ Part 62, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 62—[AMENDED] 

■ 1. The authority citation for part 62 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

Subpart D—Arizona 

■ 2. Subpart D is amended by adding an 

undesignated center heading and 

§ 62.660 to read as follows: 

13124 Federal Register / Vol. 74, No. 57 / Thursday, March 26, 2009 / Rules and Regulations 

Emissions From Existing Other Solid 

Waste Incineration Units 

§ 62.660 Identification of plan—negative 

declaration. 

Letter from the Pima County 

Department of Environmental Quality, 

submitted on April 14, 2008, certifying 

that there are no existing other solid 

waste incineration units in its 

jurisdiction subject to 40 CFR part 60, 

subpart FFFF, of this chapter. 

[FR Doc. E9–6641 Filed 3–25–09; 8:45 am] 

BILLING CODE 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 72, 73, 74, 77, and 78 

[EPA–HQ–OAR–2008–0774; FRL–8786–8] 

RIN 2060–AP35 

Rulemaking To Reaffirm the 

Promulgation of Revisions of the Acid 

Rain Program Rules 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Because EPA received an 

adverse comment, EPA is withdrawing 

the direct final rule for ‘‘Rulemaking to 

Reaffirm the Promulgation of Revisions 

of the Acid Rain Program Rules,’’ which 

was published in the Federal Register 

on December 15, 2008. 

DATES: Effective March 26, 2009, EPA 

withdraws the direct final rule 

published at 73 FR 75954 on December 

15, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Dwight C. Alpern, Clean Air Markets 

Division, U.S. Environmental Protection 

Agency, Clean Air Markets Division, 

Mailcode: 6204J, Ariel Rios Building, 

1200 Pennsylvania Ave., NW., 

Washington, DC 20460, telephone (202) 

343–9151, e-mail at 

alpern.dwight@epa.gov. 

SUPPLEMENTARY INFORMATION: Because 

EPA received an adverse comment, EPA 

is withdrawing the direct final rule for 

‘‘Rulemaking to Reaffirm the 

Promulgation of Revisions of the Acid 

Rain Program Rules,’’ which was 

published on December 15, 2008 (73 FR 

75954). 

EPA stated in that direct final rule 

that if EPA received adverse comment 

by January 29, 2009, the direct final rule 

would not take effect and EPA would 

publish a timely withdrawal of the 

direct final rule in the Federal Register. 

EPA subsequently received an adverse 

comment on the direct final rule. 

Because EPA received an adverse 

comment, EPA is withdrawing the 

direct final rule for ‘‘Rulemaking to 

Reaffirm the Promulgation of Revisions 

of the Acid Rain Program Rules.’’ As 

stated in the parallel proposed rule (73 

FR 75983) published on the same day as 

the direct final rule, EPA will not 

institute a second comment period in 

this proceeding concerning the Acid 

Rain Program rule revisions addressed 

in the direct final and parallel proposed 

rules. EPA will address the adverse 

comment on the direct final rule in a 

subsequent final rule based on the 

parallel proposed rule. 

The revisions of the Acid Rain 

Program rules whose promulgation EPA 

proposed to reaffirm in the parallel 

proposed rule were described in detail, 

along with EPA’s reasons for such 

reaffirmation, in the interim final rule 

(73 FR 75959) that was published on the 

same day as the direct final and that 

reaffirmed—on an interim basis pending 

final action in this proceeding—the 

promulgation of the Acid Rain Program 

rule revisions. EPA notes that it is not 

withdrawing the interim final rule. 

List of Subjects in 40 CFR Parts 72, 73, 

74, 77, and 78 

Environmental protection, Acid rain, 

Administrative practice and procedure, 

Air pollution control, Electric utilities, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, Sulfur 

oxides. 

Dated: March 19, 2009. 

Elizabeth Craig, 

Acting Assistant Administrator. 

■ Accordingly, the direct final rule 

published in the Federal Register on 

December 15, 2008 (73 FR 75954) is 

withdrawn as of March 26, 2009. 

[FR Doc. E9–6764 Filed 3–25–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 370 

[EPA–HQ–SFUND–1998–0002; FRL 8785–3] 

RIN 2050–AE17 

Hazardous Chemical Reporting; Tier II 

Inventory Information 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA issued a final rule in the 

Federal Register on November 3, 2008, 

amending the Emergency Planning and 

Emergency Release Notification and 

Hazardous Chemical Reporting 

regulations, as well as re-writing the 

regulations in a plain language format. 

This document is being issued to correct 

a technical error to the regulatory text in 

Hazardous Chemical Reporting, 

specifically in the Tier II inventory 

information section. 

DATES: This final rule is effective March 

26, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–SFUND–1998–0002. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 through 

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

copy at the Superfund Docket, EPA/DC, 

EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the 

Superfund Docket is (202) 566–0276. 

FOR FURTHER INFORMATION CONTACT: Sicy 

Jacob, Office of Emergency Management 

(OEM), Mail Code 5104A, 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., Washington 

DC 20004; telephone number: (202) 

564–8019; fax number: (202) 564–2620; 

e-mail address: jacob.sicy@epa.gov. 

Also contact the Superfund, TRI, 

EPCRA, RMP and Oil Information 

Center at (800) 424–9346 or (703) 412– 

9810 (in the Washington, DC 

metropolitan area). The 

Telecommunications Device for the Deaf 

(TDD) number is (800) 553–7672 or 

(703) 412–3323 (in the Washington, DC 

metropolitan area). You may wish to 

visit the OEM Internet site at http:// 

www.epa.gov/emergencies. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

The Agency included in the 

November 3, 2008 final rule who may be 

potentially affected by this action. If you 

have questions regarding the 

applicability of this action to a 

particular entity, consult the person 

listed under FOR FURTHER INFORMATION

CONTACT.