[Federal Register Volume 64, Number 116 (Thursday, June 17, 1999)]
[Rules and Regulations]
[Pages 32425-32427]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15165]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[IA 070-1070a; FRL-6359-4]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Control of Emissions From Hospital/Medical/
Infectious Waste Incinerators; State of Iowa
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving the state of Iowa's section 111(d) plan for
controlling emissions from existing hospital/medical/infectious waste
incinerators (HMIWIs). The plan was submitted to fulfill the
requirements of sections 111 and 129 of the Clean Air Act (CAA). The
state plan establishes emission limits and controls for sources
constructed on or before June 20, 1996.
DATES: This direct final rule is effective on August 16, 1999 without
further notice, unless EPA receives adverse comment by July 19, 1999.
If adverse comment is received, EPA 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: All comments should be addressed to: Wayne Kaiser, Air
Planning and Development Branch, 901 North 5th Street, Kansas City,
Kansas 66101.
Copies of the state submittal are available at the following
addresses for inspection during normal business hours: Environmental
Protection Agency, Air Planning and Development Branch, 901 North 5th
Street, Kansas City, Kansas 66101; and the Environmental Protection
Agency, Air and Radiation Docket and Information Center, Air Docket
(6102), 401 M Street, SW, Washington, D.C. 20460.
FOR FURTHER INFORMATION CONTACT: Wayne Kaiser at (913) 551-7603.
SUPPLEMENTARY INFORMATION: Information regarding this action is
presented in the following order:
What are the requirements of section 129 of the CAA?
What is a section 111(d) state plan?
What is Subpart Ce?
What are the requirements for the HMIWI state plan?
What is contained in the Iowa state plan?
What are the approval criteria for the state plan?
What Are the Requirements of Section 129 of the CAA?
Section 129 of the CAA Amendments of 1990 requires EPA to set air
emission standards and emission guidelines (EG) under the authority of
section 111 of the CAA to reduce pollution from incinerators that burn
solid waste. Incinerators that burn medical waste are classified as
solid waste incinerators and therefore must be regulated.
What Is a Section 111(d) State Plan?
Section 111(d) of the CAA, ``Standards of Performance For New
Stationary Sources,'' authorizes EPA to set air emissions standards for
certain categories of sources. These standards are called new source
performance standards (NSPS). Once an NSPS is promulgated, EPA then
publishes 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 its body of
regulations and submit it to EPA for approval. The state plan is called
a 111(d) plan.
What Is Subpart Ce?
EPA issued regulations to reduce air pollution from incinerators
that are used to burn hospital waste and/or medical/infectious waste.
The NSPS at 40 CFR Part 60, Subpart Ec, and EG, Subpart Ce, were
promulgated by EPA on September 15, 1997 (62 FR 48374). These rules
apply to new and existing incinerators used by hospitals and health
care facilities, as well as to incinerators used by commercial waste
disposal companies to burn hospital waste and/or medical/infectious
waste. The EG applies to existing HMIWIs that commenced construction on
or before June 20, 1996.
The Subpart Ce EG is not a direct Federal regulation but is a
``guideline'' for states to use in regulating existing HMIWIs. The EG
requires states to submit for EPA approval a section 111(d) state plan
containing air emission regulations and compliance schedules for
existing HMIWI.
What Are the Requirements for the HMIWI State Plan?
A section 111(d) state plan submittal must meet the requirements of
40 CFR Part 60, Subpart B, sections 60.23 through 60.26, and 40 CFR
Part Ce. Subpart B addresses public participation, legal authority,
emission standards and other emission limitations, compliance
schedules, emission inventories, source surveillance, and compliance
assurance and enforcement requirements. The technical requirements for
HMIWI sources are contained in Subpart Ce. A state will generally
address the HMIWI technical requirements by adopting by reference
Subpart Ce. The section 111(d) state plan is required to be submitted
within one year of the EG promulgation date, i.e., by September 15,
1998.
Prior to submittal to EPA, the state must make available to the
public the state plan and provide opportunity for public comment. If a
state fails to have an approvable plan in place by September 15, 1999,
sources will be subject to a Federal plan on that date.
What Is Contained in the Iowa State Plan?
The state of Iowa submitted its section 111(d) state plan to EPA
for approval on February 11, 1999. The state adopted the NSPS by
reference into state Rule 23.1(2)``ttt'' and the EG requirements into
Rule 23.1(5)``b'' effective December 23, 1998. The section 111(d) state
plan contains:
1. A demonstration of the state's legal authority to implement the
section 111(d) state plan.
2. State Rule 23.1(5)``b'' as the enforceable mechanism.
3. An inventory of sources in Table 1.
4. An emissions inventory in Table 2.
5. Emission limits that are as protective as the EG.
6. A compliance date 36 months after the effective date of the
Federal approval of this state plan or a final compliance date not
later than September 15, 2002.
7. Testing, monitoring, and inspection requirements.
8. Reporting and recordkeeping requirements for the designated
facilities.
9. Operator training and qualification requirements.
10. Requirements for the development of waste management plans.
11. A record of the public notice and hearing requirements.
[[Page 32426]]
12. Provisions for progress reports to EPA.
13. Title V permit application due date.
14. A final compliance date not later than three years after
approval of the state plan or September 15, 2002, whichever is earlier.
What Are the Approval Criteria for the State Plan?
The 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 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 state plan is included in our
technical support document (TSD) located in the official file for this
action and available from the EPA contact listed above. The state plan
meets all of the applicable approval criteria.
Final Action
Based on the rationale discussed above and in further detail in the
TSD associated with this action, we are approving Iowa's January 29,
1999, section 111(d) state plan for the control of HMIWI emissions,
except for those facilities located in Indian country. Any facilities
located in Indian country will be subject to a Federal plan. In Iowa
there are no known HMIWIs in Indian country.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial submittal 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 SIP revision should
adverse comments be filed. This rule will be effective August 16, 1999
without further notice unless the Agency receives adverse comments by
July 19, 1999.
If EPA receives such comments, then EPA will publish a document
withdrawing the final rule and informing the public that the rule will
not take effect. All public comments received will then be addressed in
a subsequent final rule based on the proposed rule. EPA will not
institute a second comment period. Parties interested in commenting
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on August 16, 1999 and no
further action will be taken on the proposed rule.
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. E.O. 12875
Under E.O. 12875, Enhancing the Intergovernmental Partnership, 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, a summary of 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 duties on these
entities. Accordingly, the requirements of section 1(a) of E.O. 12875
do not apply to this rule.
C. E.O. 13045
Protection of 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.
This rule is not subject to E.O. 13045 because it is not an
economically significant regulatory action as defined by E.O. 12866,
and it does not address an environmental health or safety risk that
would have a disproportionate effect on children.
D. E.O. 13084
Under E.O. 13084, Consultation and Coordination with Indian Tribal
Governments, 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 (RFA)
Under the RFA, 5 U.S.C. 600 et seq., EPA must prepare a regulatory
flexibility analysis assessing the impact of any proposed or final rule
on small entities (5 U.S.C. 603 and 604). Alternatively, EPA may
certify that the rule will not have a significant impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and government entities
with jurisdiction over populations of less than 50,000.
State plan approvals under section 111 of the CAA do not create any
new requirements but simply approve requirements that the state is
already imposing. Therefore, because the Federal state plan 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.
[[Page 32427]]
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), 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 the 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 rule 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.
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
preexisting requirements under state or local law, and imposes no new
requirements. Accordingly, no additional costs to state, local, or
tribal 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. 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 U.S. Comptroller General prior to publication
of the rule in the Federal Register. This rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
H. Petitions for Judicial Review
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 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 40 CFR Part 62
Environmental protection, Air pollution control, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: June 1, 1999.
William Rice,
Acting Regional Administrator, Region VII.
Chapter I, title 40 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 et seq.
Subpart Q--Iowa
2. Subpart Q is amended by adding Sec. 62.3914 and an undesignated
center heading to read as follows:
Air Emissions From Existing Hospital/Medical/Infectious Waste
Incinerators
Sec. 62.3914 Identification of plan.
(a) Identification of plan. Iowa plan for the control of air
emissions from hospital/medical/infectious waste incinerators submitted
by the Iowa Department of Natural Resources on January 29, 1999.
(b) Identification of sources. The plan applies to existing
hospital/medical/infectious waste incinerators constructed on or before
June 20, 1996.
(c) Effective date. The effective date of the plan is August 16,
1999.
[FR Doc. 99-15165 Filed 6-16-99; 8:45 am]
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