[Federal Register Volume 64, Number 157 (Monday, August 16, 1999)]
[Rules and Regulations]
[Pages 44420-44421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21166]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[FRL-6421-9]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; North Dakota; Control of Emissions From
Existing Hospital/Medical/Infectious Waste Incinerators; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Correcting amendments.
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SUMMARY: This action makes typographical corrections to the final
regulations (FRL-6340-6), which were published in the Federal Register
of Thursday May 13, 1999, (FR Doc. 99-12001). The regulations related
to North Dakota's Hospital/Medical/Infectious Waste Incinerator (HMIWI)
111(d) state plan.
DATES: This correcting amendment is effective on August 16, 1999.
FOR FURTHER INFORMATION CONTACT: Kathleen Paser, Region 8, Office of
Air and Radiation, at (303) 312-6526.
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the subject of these corrections
documented the approved Clean Air Act section 111(d) Plan submitted by
the North Dakota Department of Health on October 6, 1998, to implement
and enforce the Emissions Guidelines (EG) for Existing Hospital/
Medical/Infectious Waste Incinerators (HMIWI).
On May 13, 1999, EPA published the direct final approval of North
Dakota's section 111(d) State Plan for the control of Hospital/Medical/
Infectious Waste Incinerator emissions. Four typographical errors
occurred in which the word hazardous was substituted for the word
hospital.
Need for Correction
As published, the final regulations contain errors which may prove
to be misleading and need to be clarified.
Administrative Requirements
Under Executive Order 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. In addition,
this action does not impose any enforceable duty, contain any unfunded
mandate, or impose any significant or unique impact on small
governments as described in the Unfunded Mandates Reform Act of 1995
(Public Law 104-4). This rule also does not require prior consultation
with State, local, and tribal government officials as specified by
Executive Order 12875 (58 F.R. 58093, October 28, 1993) or Executive
Order 13084 (63 FR 27655 (May 10, 1998), or involve special
consideration of environmental justice related issues as required by
Executive Order 12898 (59 FR 7629, February 16, 1994). Because this
action is not subject to notice-and-comment requirements under the
Administrative Procedure Act or any other statute, it is not subject to
the regulatory flexibility provisions of the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.). This rule also is not subject to Executive
Order 13045 (62 F.R. 19885, April 23, 1997) because 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
rule is not
[[Page 44421]]
subject to E.O. 13045 because it does not establish an environmental
standard intended to mitigate health or safety risks. This rule is not
subject to the requirements of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq., because it does not include any information collection
requirements. This rule is not subject to the requirements of the
National Technology Transfer and Advancement Act (NTTAA) because it
does not include provisions for technical standards.
Congressional Review Act
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 US Senate, the US 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). This rule
correction will be effective on August 16, 1999.
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401-7671q.
Dated: August 5, 1999.
Jack W. McGraw,
Acting Regional Administrator, Region VIII
Accordingly, 40 CFR part 62 is corrected by making the following
correcting amendments:
PART 62--[AMENDED]
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401-7671.
Subpart JJ--North Dakota
2. Revise the undesignated center heading and Sec. 62.8610,
62.8611, and 62.8612 to subpart JJ to read as follows:
Air Emissions From Hospital/Medical/Infectious Waste Incinerators
Sec. 62.8610 Identification of Plan.
Section 111(d) Plan for Hospital/Medical/Infectious Waste
Incinerators and the associated State regulation in section 33-15-12-02
of the North Dakota Administrative Code submitted by the State on
October 6, 1998.
Sec. 62.8611 Identification of Sources.
The plan applies to all existing hospital/medical/infectious waste
incinerators for which construction was commenced on or before June 20,
1996, as described in 40 CFR part 60, subpart Ce.
Sec. 62.8612 Effective Date.
The effective date for the portion of the plan applicable to
existing hospital/medical/infectious waste incinerators is July 12,
1999.
[FR Doc. 99-21166 Filed 8-13-99; 8:45 am]
BILLING CODE 6560-50-P
