[Federal Register: November 16, 2005 (Volume 70, Number 220)]
[Rules and Regulations]
[Page 69455-69456]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no05-14]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[VA139-5073a; FRL-7997-6]
Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants, Commonwealth of Virginia; Control
of Emissions From Hospital/Medical/Infectious Waste Incinerator Units;
Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document corrects an error in the rule Summary language
of a final rule pertaining to EPA's approval of the Commonwealth of
Virginia hospital/medical/infectious waste incinerator (HMIWI) section
111(d)/129 plan submitted by the Virginia Department of Environmental
Quality (DEQ).
DATES: Effective November 16, 2005.
FOR FURTHER INFORMATION CONTACT: James B. Topsale, at (215) 814-2190 or
by e-mail at topsale.jim@epamail.epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' or
``our'' are used we mean EPA. On September 10, 2004 (69 FR 54753), we
published a final rulemaking action announcing our approval of the
Commonwealth of Virginia hospital/medical/infectious waste incinerator
(HMIWI) section 111(d)/129 plan. In that document, we inadvertently
included language relating to commercial and industrial solid waste
incinerator units in the rule Summary. The intent of the rule Summary
was to briefly describe the applicability and scope of the rule. This
action corrects the erroneous language.
In rule document 04-20429 published in the Federal Register on
September 10, 2004 (69 FR 54753), on page 54753 of the Summary, first
column, revise the third sentence to read, ``The plan establishes
emission limits, monitoring, operating, and recordkeeping requirements
for HMIWI units for which construction commenced on or before June 20,
1996.'' This revision is consistent with the promulgated Identification
of Sources Provision, section 62.11626, of the noted rule and the
related emissions guidelines under 40 CFR part 60, subpart Ce.
Section 553 of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
notice and public procedure are impracticable, unnecessary or contrary
to the public interest, the agency may issue a rule without providing
notice and an opportunity for public comment. We have determined that
there is good cause for making today's rule final without prior
proposal and opportunity for comment because we are merely correcting
an incorrect citation in a previous action. Thus, notice and public
procedure are unnecessary. We find that this constitutes good cause
under 5 U.S.C. 553(b)(B).
Statutory and Executive Order Reviews
Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993),
this action is not a ``significant regulatory action'' and is therefore
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 Fed. Reg. 28355 (May 22, 2001)).
Because the agency has made a ``good cause'' finding that this action
is not subject to notice-and-comment requirements under the
Administrative Procedures Act or any other statute as indicated in the
Supplementary Information section above, it is not subject to the
regulatory flexibility provisions of the Regulatory Flexibility Act (5
U.S.C 601 et seq.), or to sections 202 and 205 of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L. 104-4). In addition, this action
does not significantly or uniquely affect small governments or impose a
significant intergovernmental mandate, as described in sections 203 and
204 of UMRA. This rule also does 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), nor
will it 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
governments, as specified by Executive Order 13132 (64 FR 43255, August
10, 1999). This rule also is not subject to Executive Order 13045 (62
FR 19885, April 23, 1997), because it is not economically significant.
This technical correction action does not involve technical
standards; 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. The rule also does not involve special consideration of
environmental justice related issues as required by Executive Order
12898 (59 FR 7629, February 16, 1994). In issuing this rule, EPA has
taken the necessary steps to eliminate drafting errors and ambiguity,
minimize potential litigation, and provide a clear legal standard for
affected conduct, as required by section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996). EPA has complied with Executive Order 12630
(53 FR 8859, March 15, 1998) by examining the takings implications of
[[Page 69456]]
the rule in accordance with the ``Attorney General's Supplemental
Guidelines for the Evaluation of Risk and Avoidance of Unanticipated
Takings'' issued under the executive order. This rule does not impose
an information collection burden under 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. Section 808 allows the issuing agency to
make a rule effective sooner than otherwise provided by the CRA if the
agency makes a good cause finding that notice and public procedure is
impracticable, unnecessary or contrary to the public interest. This
determination must be supported by a brief statement. 5 U.S.C. 808(2).
As stated previously, EPA had made such a good cause finding, including
the reasons therefore, and established an effective date of November
16, 2005. 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. This correction to
the rule Summary (VA139-5073a) for Virginia is not a ``major rule'' as
defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Aluminum, Fertilizers, Fluoride,
Intergovernmental relations, Paper and paper products industry,
Phosphate, Reporting and recordkeeping requirements, Sulfur oxides,
Sulfur acid plants, Waste treatment and disposal.
Dated: November 8, 2005.
Donald S. Welsh,
Regional Administrator, EPA Region III.
[FR Doc. 05-22701 Filed 11-15-05; 8:45 am]
BILLING CODE 6560-50-P