57764 Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Rules and Regulations 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). 

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. 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 5, 2005. Filing a 

petition for reconsideration by the 

Administrator of this direct 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 42 U.S.C. 

7607(b)(2)). 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: September 19, 2005 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

■ 40 CFR 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 GG—New Mexico 

■ 2. Section 62.7851 is amended by 

adding a new paragraph (b) at the end 

to read as follows. 

§ 62.7851 Identification of sources. 

* * * * * 

(b) Negative declaration for Bernalillo 

County. 

Letter from the City of Albuquerque 

Air Pollution Control Division dated 

November 23, 2004, certifying that there 

are no existing sulfuric acid plants 

subject to 40 CFR 60 subpart Cd in 

Bernalillo County on lands under the 

jurisdiction of the Albuquerque/ 

Bernalillo County Air Quality Control 

Board. 

■ 3. Section 62.7853 is revised to read 

as follows: 

§ 62.7853 Identification of plan—negative 

declaration. 

(a) Letter from the New Mexico 

Environmental Improvement Division 

dated November 5, 1979 certifying that 

there are no existing kraft pulp mills in 

the State subject to part 60 subpart B of 

this chapter. 

(b) Letters from the City of 

Albuquerque Air Pollution Control 

Division dated July 8, 1980, and 

November 23, 2004, certifying that there 

are no existing kraft pulp mills subject 

to 40 CFR 60 subpart B in Bernalillo 

County on lands under the jurisdiction 

of the Albuquerque/Bernalillo County 

Air Quality Control Board. 

■ 4. Section 62.7854 is amended by 

redesignating the existing paragraph as 

paragraph (a) and adding a new 

paragraph (b) to read as follows: 

§ 62.7854 Identification of plan—negative 

declaration. 

(a) The State Department of Health 

and Social Services submitted on 

October 31, 1977, a letter certifying that 

there are no existing phosphate fertilizer 

plants in the State subject to part 60 

subpart B of this chapter. 

(b) Letter from the City of 

Albuquerque Air Pollution Control 

Division dated November 23, 2004, 

certifying that there are no phosphate 

fertilizer plants subject to 40 CFR 60 

subpart B in Bernalillo County on lands 

under the jurisdiction of the 

Albuquerque/Bernalillo County Air 

Quality Control Board. 

§ 62.7881 [Removed] 

■ 5. Section 62.7881, ‘‘Identification of 

sources—negative declaration’’ is 

removed and the centered heading 

‘‘Emissions From Existing Commercial 

and Industrial Solid Waste Incineration 

(CISWI) Units’’ immediately before 

§ 62.7881 is also removed. 

[FR Doc. 05–19878 Filed 10–3–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[R06–OAR–2005–OK–0004; FRL–7979–7] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants: Oklahoma; Plan for 

Controlling Emissions From 

Commercial and Industrial Solid Waste 

Incineration Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action on the ‘‘State Plan’’ submitted by 

the state of Oklahoma on June 29, 2005, 

to fulfill the requirement of sections 

111/(d)/129 of the Clean Air Act for 

commercial and industrial solid waste 

incineration (CISWI) units. The State 

Plan provides for the implementation 

and enforcement of the Emissions 

Guidelines, as promulgated by EPA 

December 1, 2000, applicable to existing 

CISWI units for which construction 

commenced on or before November 30, 

1999. The State Plan establishes 

emission limits, monitoring, operating, 

and recordkeeping requirements for 

commercial and industrial solid waste 

incinerator (CISWI) units for which 

construction commenced on or before 

November 30, 1999. 

DATES: This direct final rule is effective 

on December 5, 2005 without further 

notice, unless EPA receives adverse 

comment by November 3, 2005. If EPA 

receives such comment, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this rule will not take effect. 

ADDRESSES: Comments may be 

submitted electronically, by mail, by 

facsimile, or through hand delivery/ 

courier by following the detailed 

instructions provided under the ‘‘Public 

Participation’’ heading in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Kenneth W. Boyce, Air Planning 

Section, Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2833, at 

(214) 665–7259 or 

boyce.kenneth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

Table of Contents 

I. What Action Is EPA Taking Today? 

II. Background 

Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Rules and Regulations 57765 

III. Why Does EPA Want To Regulate Air 

Emissions From CISWIs? 

IV. When Did EPA First Publish These 

Requirements? 

V. Why Does EPA Need To Approve State 

Plans? 

VI. What Did the State Submit as Part of Its 

State Plan? 

VII. Why Is EPA Approving Oklahoma’s State 

Plan? 

VIII. Who Must Comply With the 

Requirements? 

IX. Are Any Sources Exempt from the 

Requirements? 

X. By What Date Must CISWIs in Oklahoma 

Achieve Compliance? 

XI. Final Action 

XII. Public Participation 

XIII. Statutory and Executive Order Reviews 

I. What Action Is EPA Taking Today? 

The Environmental Protection Agency 

(EPA) is approving sections 111(d) and 

129 of the State Plan submitted by the 

Oklahoma Department of Environmental 

Quality (ODEQ) on June 29, 2005. The 

State Plan establishes emission limits, 

monitoring, operating, and 

recordkeeping requirements for 

commercial and industrial solid waste 

incinerator (CISWI) units for which 

construction commenced on or before 

November 30, 1999. This State Plan 

implements and enforces provisions at 

least as protective as the Federal 

Emission Guidelines (EGs) applicable to 

existing CISWIs. The State Plan 

becomes federally enforceable upon 

EPA’s approval. 

II. Background 

Sections 111(d) and 129 of the Clean 

Air Act (CAA) 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 commercial 

and industrial solid waste incineration 

(CISWI) 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). 

On December 1, 2000 (65 FR 75338), 

EPA promulgated CISWI unit new 

source performance standards and the 

EG, 40 CFR part 60, subparts CCCC and 

DDDD, respectively. The designated 

facility to which the EGs apply is each 

existing CISWI unit, as defined in 

subpart DDDD, that commenced 

construction on or before November 30, 

1999. 

Section 111(d) of the Clean Air Act 

(CAA) requires that ‘‘designated’’

pollutants, regulated under standards of 

performance for new stationary sources 

by section 111(b) of the CAA, must also 

be controlled at existing sources in the 

same source category to a level 

stipulated in an emission guideline (EG) 

document. Section 129 of the CAA 

specifically addresses solid waste 

combustion and emissions controls 

based on what is commonly referred to 

as ‘‘maximum achievable control 

technology’’ (MACT). Section 129 

requires EPA to promulgate a MACT 

based emission guidelines document for 

CISWI units, and then requires states to 

develop plans that implement the EG 

requirements. 

The CISWI EG under 40 CFR part 60, 

subpart DDDD, establishes emission and 

operating requirements under the 

authority of the sections 111(d) and 129 

of the CAA. States must also include in 

their State Plans other elements, such as 

inventories, legal authority, and public 

participation documentation, to 

demonstrate their ability to enforce the 

State Plans. These requirements must be 

incorporated into a State plan that is ‘‘at 

least as protective’’ as the EG, and is 

federally enforceable upon approval by 

EPA. The procedures for adoption and 

submittal of State plans are codified in 

40 CFR part 60, subpart B. 

III. Why Does EPA Want To Regulate 

Air Emissions From CISWIs? 

When burned, commercial and 

industrial solid wastes emit various air 

pollutants, including hydrochloric acid, 

dioxin/furan, toxic metals (lead, 

cadmium, and mercury) and particulate 

matter. Mercury is highly hazardous and 

is of particular concern because it 

persists in the environment and 

bioaccumulates through the food web. 

Serious developmental and adult effects 

in humans, primarily damage to the 

nervous system, have been associated 

with exposures to mercury. Harmful 

effects in wildlife have also been 

reported; these include nervous system 

damage and behavioral and 

reproductive deficits. Human and 

wildlife exposure to mercury occur 

mainly through eating of fish. When 

inhaled, mercury vapor attacks also the 

lung tissue and is a cumulative poison. 

Short-term exposure to mercury in 

certain forms can cause hallucinations 

and impair consciousness. Long-term 

exposure to mercury in certain forms 

can affect the central nervous system 

and cause kidney damage. 

Exposure to particulate matter can 

aggravate existing respiratory and 

cardiovascular disease and increase risk 

of premature death. Hydrochloric acid is 

a clear colorless gas. Chronic exposure 

to hydrochloric acid has been reported 

to cause gastritis, chronic bronchitis, 

dermatitis, and photosensitization. 

Acute exposure to high levels of 

chlorine in humans may result in chest 

pain, vomiting, toxic pneumonitis, 

pulmonary edema, and death. At lower 

levels, chlorine is a potent irritant to the 

eyes, the upper respiratory tract, and 

lungs. 

Exposure to dioxin and furan can 

cause skin disorders, cancer, and 

reproductive effects such as 

endometriosis. These pollutants can 

also affect the immune system. 

IV. When Did EPA First Publish These 

Requirements? 

The EPA proposed the EGs in the 

Federal Register on November 30, 1999. 

(64 FR 67092). On December 1, 2000, 

EPA finalized the EGs at 65 FR 75338. 

The EGs are also found at 40 CFR part 

60, subpart DDDD. 

V. Why Does EPA Need To Approve 

State Plans? 

EGs are not federally enforceable. 

Section 129(b)(2) of the CAA requires 

states to submit State Plans to EPA for 

approval. Each state must show that its 

State Plan will carry out and enforce the 

EGs. State Plans must be at least as 

protective as the EGs, and they become 

federally enforceable upon EPA’s 

approval. The procedures for adopting 

and submitting State Plans are in 40 

CFR part 60, subpart B. 

VI. What Did the State Submit as Part 

of Its State Plan? 

The State of Oklahoma submitted its 

sections 111(d) and 129 State Plan to 

EPA for approval on June 29, 2005. The 

State adopted the EG requirements of 40 

CFR part 60, subpart DDDD by 

incorporation by reference (IBR) into the 

Oklahoma Administrative Code (OAC 

252:100–17, Part 9) on April 21, 2003. 

The State Plan also included a 

demonstration of the State’s legal 

authority to carry out the plan, 

inventory of sources and emissions, 

evidence of a public hearing on the 

State Plan, and provisions for 

submission of progress reports to EPA. 

57766 Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Rules and Regulations 

VII. Why Is EPA Approving 

Oklahoma’s State Plan? 

EPA has evaluated the CISWI State 

Plan submitted by Oklahoma for 

consistency with the Act, EPA 

guidelines and policy. EPA has 

determined that Oklahoma’s State Plan 

meets all requirements and therefore, 

EPA is approving Oklahoma’s Plan to 

implement and enforce the EGs as it 

applies to existing CISWIs. 

EPA’s approval of Oklahoma’s State 

Plan is based on our findings that: (1) 

ODEQ provided adequate public notice 

of public hearings for the proposed 

rulemaking that allows Oklahoma to 

carry out and enforce provisions that are 

at least as protective as the EGs for 

CISWIs; and (2) ODEQ demonstrated 

legal authority to: adopt emission 

standards and compliance schedules 

applicable to the designated facilities; 

enforce applicable laws, regulations, 

standards and compliance schedules; 

seek injunctive relief; obtain 

information necessary to determine 

compliance; require recordkeeping; 

conduct inspections and tests; require 

the use of monitors; require emission 

reports of owners and operators; and 

make emission data publicly available. 

A detailed discussion of EPA’s 

evaluation of the State Plan is included 

in the technical support document 

(TSD) located in the public rulemaking 

file for this action and available from 

the EPA contact listed in the Public 

Participation section of this document. 

VIII. Who Must Comply With the 

Requirements? 

All CISWIs that commenced 

construction on or before November 30, 

1999 must comply with these 

requirements. 

IX. Are Any Sources Exempt From the 

Requirements? 

The following incinerator source 

categories are exempt from the federal 

requirements for CISWIs: 

(1) Pathological waste incineration 

units; 

(2) Agricultural waste incineration 

units; 

(3) Municipal waste combustion 

units; 

(4) Hospital/medical/infectious waste 

incineration units; 

(5) Small power production facilities; 

(6) Cogeneration facilities; 

(7) Hazardous waste combustion 

units; 

(8) Materials recovery units; 

(9) Air curtain incinerators; 

(10) Cyclonic barrel burners; 

(11) Rack, part, and drum reclamation 

units; 

(12) Cement kilns; 

(13) Sewage sludge incinerators; 

(14) Chemical recovery units; and 

(15) Laboratory analysis units. 

Please refer to 40 CFR 60.2555 for 

specific definitions of these incinerator 

source categories, and any 

recordkeeping or other requirements 

that still may need to be met. 

X. By What Date Must CISWIs in 

Oklahoma Achieve Compliance? 

A state’s section 111(d) plan must 

include a compliance schedule that 

owners and operators of affected CISWI 

units must meet in complying with the 

requirements of the plan. 40 CFR 

60.2535 indicates that final compliance 

should be achieved as expeditiously as 

practicable after EPA approval of the 

state plan but no later than December 1, 

2005 or three years after the effective 

date of the state plan approval, 

whichever is sooner. If the owner or 

operator of a CISWI unit plans to 

achieve compliance more than one year 

following the effective date of the state 

plan approval, then two increments of 

progress must be met, which are; submit 

a final control plan; and achieve final 

compliance. Section 252:100–17–75 of 

the Oklahoma Administrative Code 

includes the increments of progress and 

the dates by which those increments 

must be met, which are, submit a final 

control plan by January 1, 2004 and 

achieve final compliance with the 

emission limitations and other 

requirements by December 1, 2005. 

XI. Final Action 

EPA has evaluated the CISWI plan 

submitted by the state of Oklahoma for 

consistency with the CAA, EPA 

emission guidelines and policy. EPA 

has determined that Oklahoma’s Plan 

meets all requirements and, therefore, 

EPA is approving Oklahoma’s Plan to 

implement and enforce subpart DDDD, 

as promulgated on December 1, 2000, 

applicable to existing CISWI units that 

have commenced construction on or 

before November 30, 1999. EPA is also 

approving revisions to OAC 252:100–17, 

Part 9 Regulations for the Control of 

Atmospheric Pollution, entitled, 

‘‘Definitions’’ and ‘‘Incineration,’’

respectively. 

EPA is publishing this approval 

action 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 Plan 

should relevant adverse comments be 

filed. If EPA receives no significant, 

material, and adverse comments by 

November 3, 2005, this action will be 

effective on December 5, 2005. 

If we receive adverse comments, we 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. We will 

address all public comments in a 

subsequent final rule based on the 

proposed rule. We will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. Please note that 

if we receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

XII. Public Participation 

A. What Is the Public Rulemaking File? 

EPA is committed to ensuring public 

access to the information that is used to 

inform the Agency’s decisions regarding 

the environment and human health and 

to ensuring that the public has an 

opportunity to participate in the 

Agency’s decision process. The official 

public rulemaking file consists of the 

documents specifically referenced in 

this action, any public comments 

received, and other information related 

to this action. The public rulemaking 

file does not include Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute, although such 

information is a part of the 

administrative record for this action. 

The public rulemaking file is the 

collection of materials that is available 

for public viewing at the Regional 

Office. The administrative record is the 

collection of material used to inform the 

Agency’s decision on this rulemaking 

action. 

B. How Can I Get Copies of This 

Document and Other Related 

Information? 

1. An official public rulemaking file 

available for inspection at the Regional 

Office. The Regional Office has 

established an official public 

rulemaking file for this action under 

R06–OAR–2005–OK–0004. The public 

rulemaking file is available for viewing 

at the Air Planning Section, U.S. 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. EPA requests that, if at all 

possible, you contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT section two working days in 

advance to schedule your inspection. 

The Regional Office’s official hours of 

Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Rules and Regulations 57767 

business are Monday through Friday, 

8:30 a.m. to 4 p.m. excluding federal 

Holidays. 

2. Copies of the State submittal. 

Copies of the State submittal is also 

available for public inspection during 

official business hours, by appointment 

at the Oklahoma Department of 

Environmental Quality, 707 N. 

Robinson, Oklahoma City, Oklahoma 

73101–1677. 

3. Electronic Access. You may access 

this Federal Register document 

electronically through the 

Regulation.gov Web site located at 

http://www.regulations.gov where you 

can find, review, and submit comments 

on federal rules that are open for 

comment and have been published in 

the Federal Register. 

The E Government Act of 2002 states 

that to ‘‘to the extent practicable’’

agencies shall accept electronic 

comments and establish electronic 

dockets. Also, President Bush’s 

management plan for government 

includes a government-wide electronic 

rulemaking system. The first phase of 

the eRulemaking initiative was the 

development a federal portal that 

displays all Federal Register notices 

and proposed rules open for comment. 

The URL for this site is http:// 

www.regulations.gov. The site also 

provides the public with the ability to 

submit electronic comments that then 

can be transferred to the Agency 

responsible for the rule. 

EPA’s policy is to make all comments 

it receives, whether submitted 

electronically or on paper, available for 

public viewing at the Regional Office as 

EPA receives them and without change. 

However, those portions of a comment 

that contain properly identified and 

claimed CBI or other information whose 

disclosure is restricted by statute will be 

excluded from the public rulemaking 

file. The entire comment, including 

publicly restricted information, will be 

included in the administrative record 

for this action. 

C. How and To Whom Do I Submit 

Comments? 

You may submit comments 

electronically, by mail, or through hand 

delivery/courier. To ensure proper 

receipt by EPA, identify the appropriate 

docket identification number in the 

subject line on the first page of your 

comment. Please ensure that your 

comments are submitted within the 

specified comment period. Comments 

received after the close of the comment 

period will be marked ‘‘late.’’ EPA is not 

required to consider these late 

comments. If you wish to submit CBI or 

information that is otherwise protected 

by statute, please follow the instructions 

in Section I.D, below. Do not use e-mail 

to submit CBI or information protected 

by statute. 

1. Electronically. If you submit an 

electronic comment as prescribed 

below, EPA recommends that you 

include your name, mailing address, 

and an e-mail address or other contact 

information in the body of your 

comment. Also include this contact 

information on the outside of any disk 

or CD ROM you submit, and in any 

cover letter accompanying the disk or 

CD ROM. This ensures that you can be 

identified as the submitter of the 

comment, and allows EPA to contact 

you in case EPA cannot read your 

comment due to technical difficulties or 

needs further information on the 

substance of your comment. EPA’s 

policy is that EPA will not edit your 

comment, and any identifying or contact 

information provided in the body of a 

comment will be included as part of the 

comment that is placed in the public 

rulemaking file, and may be made 

available in EPA’s electronic public 

docket. 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. 

i. E-mail. Comments may be sent by 

electronic mail (e-mail) to 

boyce.kenneth@epa.gov, Attention 

‘‘Public comment on proposed 

rulemaking R06–OAR–2005–OK–0004’’. 

In contrast to EPA’s electronic public 

docket, EPA’s e-mail system is not an 

‘‘anonymous access’’ system. If you 

send an e-mail comment directly to the 

Docket without going through EPA’s 

electronic public docket, EPA’s e-mail 

system automatically captures your email address. E-mail addresses that are 

automatically captured by EPA’s e-mail 

system are included as part of the 

comment that is placed in the official 

public docket, and made available in 

EPA’s electronic public docket. 

ii. Regulations.gov. As an alternative 

to email, you may submit comments 

electronically to EPA by using the 

federal Web-based portal that displays 

all Federal Register notices and 

proposed rules open for comment. To 

use this method, access the 

Regulations.gov Web site at http:// 

www.regulations.gov, then select 

‘‘Environmental Protection Agency’’ at 

the top of the page and click on the 

‘‘Go’’ button. The list of current EPA 

actions available for comment will be 

displayed. Select the appropriate action 

and please follow the online 

instructions for submitting comments. 

Unlike EPA’s e-mail system, the 

Regulations.gov Web site is an 

‘‘anonymous’’ system, which means 

EPA will not know your identity, e-mail 

address, or other contact information, 

unless you provide it in the text of your 

comment. 

iii. Disk or CD ROM. You may submit 

comments on a disk or CD ROM that 

you mail to the mailing address 

identified in section I.C.2, directly 

below. These electronic submissions 

will be accepted in WordPerfect, Word, 

or ASCII file format. You should avoid 

the use of special characters and any 

form of encryption. 

2. By Mail. Send your comments to: 

Kenneth Boyce, Air Planning Section 

(6PD–L), Multimedia Planning and 

Permitting Division, U.S. Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733. 

Please include the text ‘‘Public 

comment on proposed rulemaking R06–

OAR–2005–OK–0004’’ in the subject 

line of the first page of your comments. 

3. By Hand Delivery or Courier. 

Deliver your written comments or 

comments on a disk or CD ROM to: 

Kenneth Boyce, Air Planning Section 

(6PD–L), Multimedia Planning and 

Permitting Division, U.S. Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

Attention ‘‘Public comment on 

proposed rulemaking R06–OAR–2005–

OK–0004’’. Such deliveries are only 

accepted during official hours of 

business, which are Monday through 

Friday, 8:30 a.m. to 4 p.m., excluding 

federal Holidays. 

D. How Should I Submit CBI to the 

Agency? 

For comments submitted to the 

Agency by mail or hand delivery, in 

either paper or electronic format, you 

may assert a business confidentiality 

claim covering confidential business 

information (CBI) included in your 

comment by clearly marking any part or 

all of the information as CBI at the time 

the comment is submitted to EPA. CBI 

should be submitted separately, if 

possible, to facilitate handling by EPA. 

Submit one complete version of the 

comment that includes the properly 

labeled CBI for EPA’s official docket and 

one copy that does not contain the CBI 

to be included in the public docket. If 

you submit CBI on a disk or CD ROM, 

mark on the outside of the disk or the 

CD ROM that it contains CBI and then 

identify the CBI within the disk or CD 

ROM. Also submit a non-CBI version if 

possible. Information which is properly 

labeled as CBI and submitted by mail or 

hand delivered will be disclosed only in 

accordance with procedures set forth in 

40 CFR part 2. For comments submitted 

by EPA’s e-mail system or through 

57768 Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Rules and Regulations 

Regulations.gov, no CBI claim may be 

asserted. Do not submit CBI to 

Regulations.gov or via EPA’s e-mail 

system. Any claim of CBI will be waived 

for comments received through 

Regulations.gov or EPA’s e-mail system. 

For further advice on submitting CBI to 

the Agency, contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

section of this notice. 

E. Privacy Notice 

It is important to note that the 

comments you provide to EPA will be 

publicly disclosed in a rulemaking 

docket or on the internet. The comments 

are made available for public viewing as 

EPA receives them and without change. 

Any personal information you choose to 

include in your comment will be 

included in the docket. However, EPA 

will exclude from the public docket any 

information labeled confidential 

business information (CBI), copyrighted 

material or other information restricted 

from disclosure by statute. 

Comments submitted via 

Regulations.gov will not collect any 

personal information, e-mail addresses, 

or contact information unless they are 

included in the body of the comment. 

Comments submitted via 

Regulations.gov will be submitted 

anonymously unless you include 

personal information in the body of the 

comment. Please be advised that EPA 

cannot contact you for any necessary 

clarification if technical difficulties 

arise unless your contact information is 

included in the body of comments 

submitted through Regulations.gov. 

However, EPA’s e-mail system is not an 

anonymous system. E-mail addresses 

are automatically captured by EPA’s email system and included as part of 

your comment that is placed in the 

public rulemaking docket. 

F. What Should I Consider as I Prepare 

My Comments for EPA? 

You may find the following 

suggestions helpful for preparing your 

comments: 

1. Explain your views as clearly as 

possible. 

2. Describe any assumptions that you 

used. 

3. Provide any technical information 

and/or data you used that support your 

views. 

4. If you estimate potential burden or 

costs, explain how you arrived at your 

estimate. 

5. Provide specific examples to 

illustrate your concerns. 

6. Offer alternatives. 

7. Make sure to submit your 

comments by the comment period 

deadline identified. 

8. To ensure proper receipt by EPA, 

identify the appropriate docket 

identification number in the subject line 

on the first page of your response. It 

would also be helpful if you provided 

the name, date, and Federal Register 

citation related to your comments. 

XIII. 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). This action 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 is not economically 

significant. 

In reviewing State 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 State plan submission 

for failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a State plan 

submission, to use VCS in place of a 

State 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.). 

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. 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 December 5, 

2005. 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 practice and procedure, 

Air pollution control, Aluminum, 

Fertilizers, Fluoride, Intergovernmental 

relations, Paper and paper products 

industry, Phosphate, Reporting and 

Federal Register / Vol. 70, No. 191 / Tuesday, October 4, 2005 / Rules and Regulations 57769 

recordkeeping requirements, Sulfur 

oxides, Sulfuric acid plants, Waste 

treatment and disposal. 

Dated: September 19, 2005. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

■ 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 LL—Oklahoma 

■ 2. Section 62.9100 is amended by 

adding paragraphs (c)(6) to read as 

follows: 

§ 62.9100 Identification of plan. 

* * * * * 

(b) * * * 

* * * * * 

(6) Control of air emissions from 

existing commercial and industrial solid 

waste incineration units, submitted by 

the Oklahoma Department of 

Environmental Quality on June 29, 

2005. (OAC 252:100–17, Part 9). 

* * * * * 

(c) * * * 

* * * * * 

(6) Commercial and industrial solid 

waste incineration units. 

■ 3. Subpart LL is amended by adding 

a new undesignated center heading and 

new § 62.9190 and new § 62.9191 to 

read as follows: 

Existing Commercial and Industrial 

Solid Waste Incineration Units 

§ 62.9190 Identification of sources. 

(a) The plan applies to the following 

existing commercial and industrial solid 

waste incineration units: 

(a) A&A Enterprises, Ardmore, 

Oklahoma. 

(b) Henryetta Pallet Company, 

Henryetta, Oklahoma. 

(c) Oklahoma AAA Pallet Co., Inc., 

Oklahoma City, Oklahoma. 

(d) Simer Pallet Recycling, Inc., 

Chickasha, Oklahoma. 

§ 62.9191 Effective date. 

The effective date of this portion of 

the State’s plan applicable to existing 

commercial and industrial solid waste 

incineration units is December 5, 2005. 

[FR Doc. 05–19838 Filed 10–3–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 261 

[RCRA–2002–0028; FRL–7980–1] 

RIN 2050–AE84 

Revision of Wastewater Treatment 

Exemptions for Hazardous Waste 

Mixtures (‘‘Headworks Exemptions’’) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: In today’s action, the 

Environmental Protection Agency is 

finalizing the addition of benzene and 2- 

ethoxyethanol to the list of solvents 

whose mixtures with wastewaters are 

exempted from the definition of 

hazardous waste under the Resource 

Conservation and Recovery Act. The 

scrubber waters derived-from the 

combustion of any of the exempted 

solvents also are included in the 

exemption. In addition, the Agency is 

revising the rule by adding an option to 

allow generators to directly measure 

solvent chemical levels at the 

headworks of the wastewater treatment 

system to determine whether the 

wastewater mixture is exempt from the 

definition of hazardous waste. Finally, 

the Agency is extending the eligibility 

for the de minimis exemption to other 

listed hazardous wastes (beyond 

discarded commercial chemical 

products) and to non-manufacturing 

facilities. 

DATES: This final rule is effective on 

November 3, 2005 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. RCRA–2002–0028. All documents 

in the docket are listed in the EDOCKET 

index at http://www.epa.gov/edocket. 

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 

EDOCKET or in hard copy at the RCRA 

Docket, EPA/DC, EPA West, Room 

B102, 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 RCRA Docket is (202) 566–0270. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Lauer, Hazardous Waste Identification 

Division, Office of Solid Waste (5304W), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number: 703–308–

7418; fax number: 703–308–0514; e-mail 

address: Lauer.Lisa@epa.gov. 

SUPPLEMENTARY INFORMATION: 

General Information 

Entities potentially affected by this 

action are generators of industrial 

hazardous waste, and entities that treat, 

store, transport and/or dispose of these 

wastes. The table below is not intended 

to be exhaustive, but rather provides a 

guide for readers regarding the types of 

entities likely to be affected by this 

action. 

LIST OF ECONOMIC SUBSECTORS POTENTIALLY AFFECTED BY THE EXPANSION IN SCOPE OF THE RCRA HAZARDOUS

WASTE ‘‘HEADWORKS EXEMPTION’’ FOR INDUSTRIAL WASTEWATER TREATMENT SYSTEMS

Item 

Economic subsector or industry identity 

Description 

SIC code NAICS code 

1 ........................................................ 02 112 Agricultural production—livestock. 

2 ........................................................ 20 311 Food & kindred products. 

3 ........................................................ 22 313 Textile mill products. 

4 ........................................................ 24 321 Lumber & wood products. 

5 ........................................................ 25 337 Furniture & fixtures. 

6 ........................................................ 26 322 Paper & allied products. 

7 ........................................................ 28 325 Chemicals & allied products. 

8 ........................................................ 29 324 Petroleum & coal products. 

9 ........................................................ 30 326 Rubber & miscellaneous plastics products. 

10 ...................................................... 31 316 Leather & leather products. 

11 ...................................................... 32 327 Stove, clay, glass & concrete products.