27718 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations 

are not the subject of an adverse 

comment. 

III. 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 approves a State rule 

implementing a Federal standard. 

In reviewing SIP 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 SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP 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 August 10, 2009. 

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 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: April 3, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

■ Part 52, chapter I, title 40 of the Code 

of Federal Regulations 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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(359)(i)(B)(2) and 

(D) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(359) * * * 

(i) * * * 

(B) * * * 

(2) Rule 445, ‘‘Wood Burning 

Devices,’’ adopted on March 7, 2008. 

* * * * * 

(D) Antelope Valley Air Quality 

Management District. 

(1) Rule 444, ‘‘Open Outdoor Fires,’’ 

adopted on October 8, 1976 and revised 

on February 19, 2008. 

* * * * * 

[FR Doc. E9–13483 Filed 6–10–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–RO4–OAR–2008–0160; FRL–8912–4] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; State of Tennessee and 

Commonwealth of Kentucky 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule, notice of 

administrative change. 

SUMMARY: EPA is notifying the public 

that it has received negative 

declarations for Hospital/Medical/ 

Infectious Waste Incinerator (HMIWI) 

units from the State of Tennessee and 

the Commonwealth of Kentucky. These 

negative declarations certify that HMIWI 

units subject to the requirements of 

sections 111(d) and 129 of the Clean Air 

Act (CAA) do not exist in areas covered 

by the air pollution control programs of 

Tennessee Division of Air Pollution 

Control and Kentucky Division for Air 

Quality. 

DATES: This final action is effective July 

13, 2009 without further notice. 

ADDRESSES: Docket: All documents in 

the electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 


cprice-sewell on PRODPC61 with RULES
Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations 27719 

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 www.regulations.gov or 

in hard copy at the Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Egide Louis, Air Toxics Assessment and 

Implementation Section, Air Toxics and 

Monitoring Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9240. 

Dr. Louis can also be reached via 

electronic mail at louis.egide@epa.gov. 

SUPPLEMENTARY INFORMATION: Sections 

111(d) and 129 of the CAA require 

submittal of 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(d) for 

new sources of the same type, and EPA 

has established emission guidelines 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. 

Standards of performance for all 

existing HMIWI units (designated 

facilities) constructed on or before June 

20, 1996, have been established by EPA, 

and emission guidelines for HMIWI 

units were promulgated on September 

15, 1997 (62 FR 48348). The emission 

guidelines are codified at 40 CFR part 

60, subpart Ce. 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 at designated facilities. 

Subpart A of 40 CFR part 62 provides 

the procedural framework for the 

submission of these plans. When 

designated facilities are located under 

the jurisdiction of a state, or local 

agency, the state or local agency must 

then develop and submit a plan for their 

respective jurisdiction for the control of 

the designated pollutants. However, 40 

CFR 62.06 provides that if there are no 

existing sources of the designated 

pollutants within the state or local 

agency’s jurisdiction, the state or local 

agency may submit a letter of 

certification to that effect or negative 

declaration, in lieu of a plan. The 

negative declaration exempts the state 

or local agency from the requirements to 

submit a plan for that designated 

pollutant. 

Final Action 

The State of Tennessee and the 

Commonwealth of Kentucky have 

determined there are no existing HMIWI 

units in their jurisdictions. 

Consequently, the State of Tennessee 

and the Commonwealth of Kentucky 

have submitted letters of negative 

declaration certifying this fact. Pursuant 

to 40 CFR part 60, subpart Ce, EPA is 

providing the public with notice of 

these negative declarations. Notice of 

these negative declarations will appear 

at 40 CFR part 62. 

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 notifies 

the public of negative declarations for 

HMIWI units received by EPA from state 

or local agencies. This action imposes 

no requirements. Accordingly, the 

Administrator certifies that this action 

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 

action is only a notice 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 action 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 

notifies the public of EPA’s receipt of 

negative declarations for HMIWI units 

from state or local agencies and does not 

alter the distribution of power and 

responsibilities established in the Clean 

Air Act. This action 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. 

With regard to negative declarations 

for HMIWI units received by EPA from 

states or local agencies, EPA’s role is 

only to notify the public of the receipt 

of such negative declarations. 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 approve or 

disapprove a CAA section 111(d)/129 

plan submission for failure to use VCS. 

It would thus be inconsistent with 

applicable law for EPA, when it reviews 

a CAA section 111(d)/129 plan 

submission, to use VCS in place of a 

CAA section 111(d)/129 plan 

submission that otherwise satisfies the 

provisions of the CAA. 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 action does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.SC. 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. This action is not 

a rulemaking, however, 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. 


cprice-sewell on PRODPC61 with RULES
27720 Federal Register / Vol. 74, No. 111 / Thursday, June 11, 2009 / Rules and Regulations 

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, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: April 10, 2009. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

■ 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 S—[Kentucky] 

■ 2. Part 62 is amended by adding a new 

undesignated center heading to subpart 

S and a new § 62.4374 to read as 

follows: 

Air Emissions From Existing Hospital/ 

Medical/Infectious Waste Incinerators 

(HMIWI)—SECTION 111(d)/129 Plan 

§ 62.4374 Identification of plan—negative 

declaration. 

Letter from Kentucky Division of Air 

Quality submitted on Dec. 1, 2000, 

certifying that there are no Hospital/ 

Medical/Infectious Waste Incinerator 

units subject to 40 CFR part 60, subpart 

Ce in its jurisdiction. 

Subpart RR—[Tennessee] 

■ 4. Part 62 is amended by adding a new 

undesignated center heading to subpart 

RR and a new § 62.10633 to read as 

follows: 

Air Emissions From Existing Hospital/ 

Medical/Infectious Waste Incinerators 

(HMIWI)—SECTION 111(d)/129 Plan 

§ 62.10633 Identification of plan—negative 

declaration. 

Letter from Tennessee Division of Air 

Pollution Control submitted on 

December 15, 2001, certifying that there 

are no Hospital/Medical/Infectious 

Waste Incinerator units subject to 40 

CFR parts 60, subpart Ce in its 

jurisdiction. 

[FR Doc. E9–13599 Filed 6–10–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–RO4–OAR–2008–0158; FRL–8912–5] 

Approval and Promulgation of State 

Plans for Designated Facilities and 

Pollutants; Jefferson County, KY; and 

Forsyth County, NC; and Knox and 

Davidson Counties, TN 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule, notice of 

administrative change. 

SUMMARY: EPA is notifying the public 

that it has received negative 

declarations for Hospital/Medical/ 

Infectious Waste Incinerator (HMIWI) 

units from Jefferson County Air 

Pollution Control District, Kentucky; 

Forsyth County Environmental Affairs 

Department, North Carolina; Knox 

County Department of Air Quality 

Management, and Nashville/Davidson 

County Metropolitan Health 

Department, Tennessee. These negative 

declarations certify that HMIWI units 

subject to the requirements of sections 

111(d) and 129 of the Clean Air Act 

(CAA) do not exist in areas covered by 

the local air pollution control programs 

of Jefferson County, Kentucky; Forsyth 

County, North Carolina; Knox County, 

and Nashville/Davidson County, 

Tennessee. 

DATES: This final action is effective July 

13, 2009 without further notice. 

ADDRESSES: Docket: All documents in 

the electronic docket are listed in the 

http://www.regulations.gov index. 

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 http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Egide Louis, Air Toxics Assessment and 

Implementation Section, Air Toxics and 

Monitoring Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9240. 

Dr. Louis can also be reached via 

electronic mail at louis.egide@epa.gov. 

SUPPLEMENTARY INFORMATION: Sections 

111(d) and 129 of the CAA require 

submittal of plans to control certain 

pollutants (designated pollutants) at 

existing facilities (designated facilities) 

whenever standards of performance 

have been established under section 

111(d) for new sources of the same type, 

and EPA has established emission 

guidelines for such existing sources. 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. 

Standards of performance for all 

existing HMIWI units (designated 

facilities) constructed on or before June 

20, 1996, have been established by EPA, 

and emission guidelines for HMIWI 

units were promulgated on September 

15, 1997 (62 FR 48348). The emission 

guidelines are codified at 40 CFR part 

60, subpart Ce. 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 at designated facilities. 

Subpart A of 40 CFR part 62 provides 

the procedural framework for the 

submission of these plans. When 

designated facilities are located under 

the jurisdiction of a State, or local 

agency, the State or local agency must 

then develop and submit a plan for their 

respective jurisdiction for the control of 

the designated pollutants. However, 40 

CFR 62.06 provides that if there are no 

existing sources of the designated 

pollutants within the State or local 

agency’s jurisdiction, the State or local 

agency may submit a letter of 

certification to that effect or negative 

declaration, in lieu of a plan. The 

negative declaration exempts the State 

or local agency from the requirements to 

submit a plan for that designated 

pollutant. 

Final Action 

The Jefferson County Air Pollution 

Control District, KY; Forsyth County 

Environmental Affairs Department, NC; 


cprice-sewell on PRODPC61 with RULES