[Federal Register Volume 70, Number 191 (Tuesday, October 4, 2005)]
[Rules and Regulations]
[Pages 57764-57769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19838]


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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.

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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 
<a href="/cdn-cgi/l/email-protection#593b36203a3c77323c37373c2d31193c2938773e362f"><span class="__cf_email__" data-cfemail="f1939e889294df9a949f9f948599b1948190df969e87">[email protected]</span></a>.

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

[[Page 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.

[[Page 57766]]

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

[[Page 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 
<a href="/cdn-cgi/l/email-protection#54363b2d37317a3f313a3a31203c143124357a333b22"><span class="__cf_email__" data-cfemail="e785889e8482c98c82898982938fa7829786c9808891">[email protected]</span></a>, 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 e-mail 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

[[Page 57768]]

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 e-mail 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

[[Page 57769]]

recordkeeping requirements, Sulfur oxides, Sulfuric acid plants, Waste 
treatment and disposal.

    Dated: September 19, 2005.
Lawrence E. Starfield,
Acting Regional Administrator, Region 6.

0
40 CFR part 62 is amended as follows:

PART 62--[AMENDED]

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart LL--Oklahoma

0
2. Section 62.9100 is amended by adding paragraphs (c)(6) to read as 
follows:


Sec.  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.

0
3. Subpart LL is amended by adding a new undesignated center heading 
and new Sec.  62.9190 and new Sec.  62.9191 to read as follows:

Existing Commercial and Industrial Solid Waste Incineration Units


Sec.  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.


Sec.  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


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