[Federal Register Volume 64, Number 116 (Thursday, June 17, 1999)]
[Rules and Regulations]
[Pages 32430-32433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15263]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[LA-51-7413a; FRL-6360-8]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants: Louisiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: We are approving the section 111(d) Plan submitted by the
Louisiana Department of Environmental Quality (LDEQ) on December 30,
1998, to implement and enforce the Emissions Guidelines (EG) for
existing Hospital/Medical/Infectious Waste Incinerators (MWI). The EG
requires States to develop plans to reduce toxic air emissions from all
MWIs. We are also approving a revision to the Louisiana State Plan as
it pertains to existing municipal solid waste landfills. This revision
adds certain increments of progress so that we can more effectively
track facilities' progress towards compliance.
DATES: This direct final rule is effective on August 16, 1999, without
further notice, unless we receive adverse comments by July 19, 1999. If
EPA receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.
ADDRESSES: You should address comments on this action to Lt. Mick Cote,
EPA Region 6, Air Planning Section (6PD-L), 1445 Ross Avenue, Suite
1200, Dallas, Texas 75202.
Copies of all materials considered in this rulemaking may be
examined during normal business hours at the following locations: EPA
Region 6 offices, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202, and
at the Louisiana Department of Environmental Quality offices, 7290
Bluebonnet Blvd., Baton Rouge, Louisiana 70884-2135.
FOR FURTHER INFORMATION CONTACT: Lt. Mick Cote at (214) 665-7219.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What action is being taken by EPA today?
II. Why do we need to regulate MWI emissions?
III. What is a State Plan?
IV. What does the Louisiana State Plan contan?
V. Is my MWI subject to these regulations?
VI. What steps do I need to take?
VII. Administration Requirements.
I. What Action Is Being Taken by EPA Today?
We are approving the Louisiana State Plan, as submitted on December
30, 1998, for the control of air emissions from MWIs, except for those
MWIs located in Indian Country. When we developed our New Source
Performance Standard (NSPS) for MWIs, we also developed EG to control
air emissions from older MWIs. See 62 FR 48348-48391, September 15,
1997. The LDEQ developed a State Plan, as required by section 111(d) of
the Clean Air Act (the Act), to adopt the EG into their body of
regulations, and we are acting today to approve it.
We approved Louisiana's section 111(d) State plan for municipal
solid waste landfills on August 29, 1997 (62 FR 45730). In accordance
with our EG for this category of sources, LDEQ is allowed to develop
increments of progress separately and submit them as a revision to the
State Plan. Our detailed discussion of this requirements was discussed
in 62 FR 45730.
1. Design plans are due on or before January 28, 1999;
2. Awarding of contracts is due on or before June 28, 1999;
3. Initiation of on-site construction is due on or before March 28,
2000;
4. Initial performance tests must be completed on or before March
28, 2000;
5. Final compliance must be met on or before April 28, 2000. These
increments of progress satisfy the requirements of the EG for municipal
solid waste landfills, and we are approving them today as a revision to
the State Plan.
We are publishing this action without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in a separate document in this Federal Register
publication, we are proposing to approve the revision should
significant, material, and adverse comments be filed. This action is
effective August 16, 1999, unless by July 19, 1999, adverse or critical
comments are received. If we receive such comments, this action will be
withdrawn before the effective date by publishing a subsequent notice
that will withdraw the final action. All public
[[Page 32431]]
comments received will be addressed in a subsequent final rule based on
this action serving as a proposed rule. We will not institute a second
comment period on this action. Any parties interested in commenting on
this action should do so at this time. If no such comments are
received, this action is effective August 16, 1999.
II. Why Do We Need To Regulate MWI Emissions?
When burned, hospital waste and medical/infectious waste emit
various air pollutants, including hydrochloric acid, dioxin/furan, and
toxic metals (lead, cadmium, and mercury). 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
occurs mainly through the ingestion of fish. When inhaled, mercury
vapor attacks the lung tissue and is a cumulative poison. Short-term
exposure to mercury in certain forms can cause hallucination and impair
consciousness. Long-term exposure to mercury in certain form can affect
the central nervous system and cause kidney damage.
Exposure to particulate matter has been linked with adverse health
effects, including aggravation of existing respiratory and
cardiovascular disease and increased 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
effect the immune system. We estimate that this State Plan will reduce
mercury emissions from MWIs in Louisiana by approximately 94 percent,
hydrochloric acid emissions by 98 percent, and dioxin/furan emissions
by 95 percent.
III. What Is a State Plan?
Section 111(d) of the Act requires that pollutants controlled under
the NSPS must also be controlled at older sources in the same source
category. Once an NSPS is promulgated, we then publish an EG applicable
to the control of the same pollutant from existing (designated)
facilities. States with designated facilities must then develop a State
Plan to adopt the EG into their body of regulations. States must also
include in this State Plan other elements, such as inventories, legal
authority, and public participation documentation, to demonstrate the
ability to enforce it.
IV. What Does the Louisiana State Plan Contain?
The LDEQ adopted the Federal NSPS and EG by reference into its
State regulations at LAC 33:III.3003.B, Table 2, and LAC 33:III.3003
C5, as State Rule AQ 178. AQ 178 was published in the Louisiana
Register on December 20, 1998. The Louisiana State Plan contains:
1. A demonstration of the State's legal authority to implement the
section 111(d) State Plan;
2. State Rule AQ 178 as the enforceable mechanism;
3. An inventory of approximately 56 known designated facilities,
along with estimates of their toxic air emissions;
4. Emission limits that are as protective as the EG;
5. A compliance date 30 months after the effective date of the
Federal approval of this State Plan;
6. Testing, monitoring, reporting and recordkeeping requirements
for the designated facilities;
7. Records from the public hearing; and,
8. Provisions for progress reports to EPA.
The Louisiana State Plan was reviewed for approval against the
following criteria: 40 CFR 60.23 through 60.26, Subpart B--Adoption and
Submittal of State Plans for Designated Facilities; and, 40 CFR Part
60, 60.30e through 60.39e, Subpart Ce--Emission Guidelines and
Compliance Times for Hospital/Medical/Infectious Waste Incinerators. A
detailed discussion of our evaluation of the Louisiana State Plan is
included in our technical support document, located in the official
file for this action.
V. Is My MWI Subject to These Regulations?
The EG for existing MWIs affect any MWI built on or before June 20,
1996. If your facility meets this criterion, you are subject to these
regulations.
VI. What Steps Do I Need To Take?
You must meet the requirements incorporated by reference in LAC
33:III.3003.B and C5, and summarized as follows:
1. Determine the size of your incinerator by establishing its
maximum design capacity; as an alternative, you can elect to accept a
permit restriction to limit the amount of waste you may burn per hour.
2. Each size category of MWI has certain emission limits
established which your incinerator must meet. See Table 1 of 40 CFR
part 60, subpart Ce to determine the specific emission limits which
apply to you. The emission limits apply at all times, except during
startup, shutdown, or malfunctions, provided that no waste has been
charged during these events. See 40 CFR 60.33e, as listed at 62 FR
48382, September 15, 1997.
3. There are provisions to address small rural incinerators. See 40
CFR 60.33e(b), 60.36e, 60.37e(c)(d), and 60.38e(b), as listed at 62 FR
48380, September 15, 1997.
4. You must meet a 10 percent opacity limit on your discharge,
averaged over a six-minute block. See 40 CFR 60.33e(c), as listed at 62
FR 48380, September 15, 1997.
5. You must have a qualified MWI operator available to supervise
the operation of your incinerator. This operator must be trained and
qualified through a State-approved program, or a training program that
meets the requirements listed under 40 CFR 60.53c(c). See 40 CFR
60.34e, as listed at 62 FR 48380.
6. Your operator must be certified, as discussed in 4 above, no
later than one year after we approve this Louisiana State Plan. See 40
CFR 60.39e(e), as listed at 62 FR 48382. You must develop and submit to
LDEQ a waste management plan. This plan must be developed under
guidance provided by the American Hospital Association publication, An
Ounce of Prevention: Waste Reduction Strategies for Health Care
Facilities, 1993, and must be submitted to LDEQ no later than one year
after we approve this State Plan. See 40 CFR 60.35e, as listed at 62 FR
48380.
7. You must conduct an initial performance test to determine your
incinerators compliance with these emission limits. See 40 CFR 60.37e
and 60.8, as listed at 62 FR 48380.
8. You must install and maintain devices to monitor the parameters
listed under Table 3 to Subpart Ec. See 40 CFR 60.37e(c), as listed at
62 FR 48381.
9. You must document and maintain information concerning pollutant
[[Page 32432]]
concentrations, opacity measurements, charge rates, and other
operational data. This information must be maintained for a period of
five years. See 40 CFR 60.38e, as listed at 62 FR 48381.
10. You must report to LDEQ the results of your initial performance
test, the values for your site-specific operating parameters, and your
waste management plan. This information must be reported within 60 days
following your initial performance test, and must be signed by the
facilities manager. See 40 CFR 60.38e, as listed at 62 FR 48381.
11. In general, you must comply with all the requirements of this
State Plan within one year after we approve it; however, there are
provisions to extend your compliance date. See 40 CFR 60.39e, as listed
at 62 FR 48381.
VII. Administrative Requirements
A. Executive Order (E.O.) 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866, entitled ``Regulatory Planning and
Review.''
B. Executive Order 12875
Under E.O. 12875, EPA may not issue a regulation that is not
required by statute and that creates a mandate upon a State, local or
tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, E.O. 12875 requires EPA to provide to the OMB a description
of the extent of EPA's prior consultation with representatives of
affected State, local and tribal governments, the nature of their
concerns, copies of any written communications from the governments,
and a statement supporting the need to issue the regulation. In
addition, E.O. 12875 requires EPA to develop an effective process
permitting elected officials and other representatives of State, local
and tribal governments ``to provide meaningful and timely input in the
development of regulatory proposals containing significant unfunded
mandates.''
Today's rule does not create a mandate on state, local, or tribal
governments. The rule does not impose any enforceable rules on any of
these entities. This action does not create any new requirements but
simply approves requirements that the State is already imposing.
Accordingly, the requirements of section 1(a) of E.O. 12875 do not
apply to this rule.
C. Executive Order 13045
Executive Order 13045, entitled ``Protection in Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that: (1) is determined to be ``economically
significant'' as defined under E.O. 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
The EPA interprets E.O. 13045 as applying only to those regulatory
actions that are based on health or safety risks, such that the
analysis required under section 5-501 of the Order has the potential to
influence the regulation. This final rule is not subject to E.O. 13045
because it approves a State program.
D. Executive Order 13084
Under E.O. 13084, EPA may not issue a regulation that is not
required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, E.O. 13084 requires EPA to
provide to the OMB, in a separately identified section of the preamble
to the rule, a description of the extent of EPA's prior consultation
with representatives of affected tribal governments, a summary of the
nature of their concerns, and a statement supporting the need to issue
the regulation. In addition, E.O. 13084 requires EPA to develop an
effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. This action does not involve
or impose any requirements that affect Indian tribes. Accordingly, the
requirements of section 3(b) of E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 600 et seq., generally
requires an agency to conduct a regulatory flexibility analysis of any
rule subject to notice and comment rulemaking requirements unless the
agency certifies that the rule will not have a significant economic
impact on a substantial number of small entities. Small entities
include small businesses, small not-for-profit enterprises, and small
governmental jurisdictions. This final rule will not have a significant
impact on a substantial number of small entities because SIP approvals
under section 110 and subchapter I, part D of the Federal Clear Air Act
(the Act) do not create any new requirements but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP approval does not create any new requirements, I certify
that this action will not have a significant economic impact on a
substantial number of small entities. Moreover, due to the nature of
the Federal-State relationship under the Act, preparation of a
flexibility analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Act forbids EPA to base its actions
concerning SIPs on such grounds. See Union Electric Co., v. U.S. EPA,
427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995,
signed into law on March 22, 1995, EPA must prepare a budgetary impact
statement to accompany any proposed or final rule that includes a
Federal mandate that may result in estimated annual costs to State,
local, or tribal governments in the aggregate; or to private sector, of
$100 million or more. Under section 205, EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives
of the rue and is consistent with statutory requirements. Section 203
requires EPA to establish a plan for informing and advising any small
governments that may be significantly or uniquely impacted by the rule.
The EPA has determined that the approval action promulgated does
not include a Federal mandate that may result in estimated annual costs
of $100 million or more to either State, local, or tribal governments
in the aggregate, or to the private sector. This Federal action
approves pre-existing requirements under State or local law, and
imposes no new requirements. Accordingly, no additional costs to State,
local, or tribal
[[Page 32433]]
governments, or to the private sector, result from this action.
G. Submission to Congress and the Comptroller General
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. The 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 can
not 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). This rule will be effective August 16, 1999.
H. Petitions for Judicial Review
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 16, 1999. 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 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Hospital/medical/infectious waste incineration,
Intergovernmental relations, Reporting and recordkeeping requirements.
Dated: June 7, 1999.
Gregg A. Cooke,
Regional Administrator, Region 6.
40 CFR part 62 of the Code of Federal Regulations is amended as
follows:
PART 62--[AMENDED]
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401-7642
Subpart T--Louisiana
2. Section 62.4620 is amended by revising paragraph (b)(4) and
adding paragraphs (b)(5), (c)(5), and (c)(6) to read as follows:
Sec. 62.4620 Identification of plan.
* * * * *
(b) * * *
(4) Control of landfill gas emissions from existing municipal solid
waste landfills, submitted on December 9, 1996 (LAC 33.III.3003.B,
Table 2), and revised on December 20, 1998 (LAC 33.III.3003.C.4).
(5) Control of air emissions from designated hazardous/medical/
infectious waste incinerators, submitted by the Louisiana Department of
Environmental Quality on December 30, 1998 (LAC 33.III.3003.C.5).
(c) * * *
(5) Municipal solid waste landfills.
(6) Hazardous/medical/infectious waste incinerators.
3. Subpart T is amended by adding a new Sec. 62.4633 and a new
undesignated center heading to read as follows:
Air Emissions From Hazardous/Medical/Infectious Waste Incinerators
Sec. 62.4633 Identification of sources.
The plan applies to existing hazardous/medical/infectious waste
incinerators for which construction, reconstruction, or modification
was commenced before June 20, 1996, as described in 40 CFR part 60,
subpart Ce.
4. Subpart T is amended by adding anew Sec. 62.4634 and a new
undesignated center heading to read as follows:
Effective Date
Sec. 62.4634 Effective date.
The effective date for the portion of the plan applicable to
existing hazardous/medical/infectious waste incinerators is August 16,
1999.
[FR Doc. 99-15263 Filed 6-16-99; 8:45 am]
BILLING CODE 6560-50-M
