[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Rules and Regulations]
[Pages 24403-24405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9712]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R05-OAR-2012-0087; FRL-9663-4]
Direct Final Approval of Hospital/Medical/Infectious Waste
Incinerators State Plan for Designated Facilities and Pollutants:
Illinois
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving Illinois' revised State Plan to control air
pollutants from ``Hazardous/Medical/Infectious Waste Incinerators''
(HMIWI). The Illinois Environmental Protection Agency (IEPA) submitted
the revised State Plan on November 8, 2011 and supplemented it on
December 28, 2011. The revised State Plan is consistent with revised
Emission Guidelines (EGs) promulgated by EPA on October 6, 2009. This
approval means that EPA finds that the revised State Plan meets
applicable Clean Air Act (Act) requirements for subject HMIWI units.
Once effective, this approval also makes the revised State Plan
Federally enforceable.
DATES: This direct final rule will be effective June 25, 2012, unless
EPA receives adverse comments by May 24, 2012. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2012-0087, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: [email protected].
3. Fax: (312)886-6030.
4. Mail: Carlton T. Nash, Chief, Toxics and Global Atmosphere
Section, Air Toxics and Assessment Branch (AT-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Carlton T. Nash, Chief, Toxics and Global
Atmosphere Section, Air Toxics and Assessment Branch (AT-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only accepted during the Regional
Office normal hours of operation, and special arrangements should be
made for deliveries of boxed information. The Regional Office official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.
excluding Federal holidays.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2012-0087. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Environmental Protection
Agency, Region 5, Air and Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. This Facility is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays.
We recommend that you telephone Margaret Sieffert, Environmental
Engineer, at (312) 353-1151 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Margaret Sieffert, Environmental
Engineer, Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard (AT-18J), Chicago, Illinois 60604, (312) 353-1151,
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:
I. Background
II. What does the state plan contain?
III. Does the state plan meet the EPA requirements?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. Background
On October 6, 2009, in accordance with sections 111 and 129 of the
Act,
[[Page 24404]]
EPA promulgated revised HMIWI EGs and compliance schedules for the
control of emissions from HMIWI units. See 74 FR 51368. EPA codified
these revised regulations at 40 CFR part 60, subpart Ce. A HMIWI unit
as defined in 40 CFR 60.51c is any device that combusts any amount of
hospital waste and/or medical/infectious waste. Under section 129(b)(2)
of the Act and the revised guidelines at subpart Ce, States with
subject sources must submit to EPA plans that implement the revised
EGs. The plans must be at least as protective as the revised EGs, which
are not Federally enforceable until EPA approves a State Plan (or
promulgates a Federal Plan for implementation and enforcement).
On November 8, 2011 and supplemented on December 28, 2011, Illinois
submitted its revised HMIWI State Plan to EPA. This submission followed
public hearings for preliminary adoption of a revised State rule at 35
Ill. Adm. Code Part 229 on June 8, 2011 and June 28, 2011, and for
final adoption on September 22, 2011. The revised rule at 35 Ill. Adm.
Code Part 229, which establishes emission standards for existing HMIWI,
became effective on September 30, 2011. The revised Plan includes the
revisions to 35 Ill. Adm. Code Part 229.
II. What does the State plan contain?
The State submittal is based on the revised HMIWI EGs (40 CFR
subpart Ce) and the revised New Source Performance Standards (NSPS) (40
CFR part 60, subpart Ec) for HMIWI promulgated on October 6, 2009. The
State's revised rule at 35 Ill. Adm. Code Part 229 incorporates
significant portions of the HMIWI EG's. As set forth in CAA section 129
and in 40 CFR part 60, subparts B and Ce, the revised State Plan
address the thirteen minimum required elements, as follows:
1. A demonstration of the State's legal authority to carry out the
HMIWI State Plan and identification of the enforceable mechanisms.
Illinois has provided a detailed list of its legal authorities to carry
out its Plan and identified the enforceable mechanism.
2. An inventory of affected HMIWI units, including language that
states that sources subject to the standard ``include but are not
limited to'' the inventory in the State Plan and an additional
statement that says ``should another source be discovered subsequent to
this notice, there will be no need to reopen the State Plan.'' Illinois
has provided this.
3. An inventory of the emissions from each of the HMIWI units.
Illinois has provided this.
4. Emission limits for HMIWI that are the same as those required by
the EG. Illinois has provided this.
5. Testing and monitoring requirements that are the same as those
required by the EG. Illinois has provided this.
6. Reporting and recordkeeping requirements that are the same as
those required by the EG. Illinois has provided this.
7. Operator training and qualification requirements that are the
same as those required by the EG. Illinois has provided this.
8. Inspections requirements that are the same as those required by
the EG. Illinois has provided this.
9. Waste management plan requirements that are the same as those in
the EG. Illinois has provided this.
10. A compliance schedule with increments. Illinois has provided
this.
11. A final compliance date of October 6, 2014. Illinois has
provided this.
12. A record of public hearings on the revised State rule and Plan.
Illinois has provided this.
13. A provision for State progress reports to EPA. Illinois will
submit information pertaining to emissions, inspections, status of
compliance, dates of performance testing, and enforcement actions to
EPA's Emissions Inventory System and Air Facility System. Illinois has
stated they will work with EPA regarding the format required for
submission of performance test reports and correlation of State test
data to emission limits.
III. Does the state plan meet the EPA requirements?
EPA evaluated the revised HMIWI State Plan submitted by Illinois
for consistency with the Act, EPA regulations and policy. For the
reasons discussed above, EPA has determined that the revised State Plan
meets all applicable requirements and, therefore, is approving it.
IV. What action is EPA taking?
EPA is approving the revised State Plan which Illinois submitted on
November 8, 2011 and December 28, 2011, for the control of emissions
from existing HMIWI sources in the State. EPA is publishing this
approval notice without prior proposal because the Agency views this as
a non-controversial action 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 State Plan in the event adverse comments
are filed. This rule will be effective June 25, 2012 without further
notice unless we receive relevant adverse written comments by May 24,
2012. If we receive such comments, we will withdraw this action before
the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will then be
addressed in a subsequent final rule based on the proposed action. EPA
will not institute a second comment period. Any parties interested in
commenting on this action should do so at this time. If we do not
receive any comments, this action will be effective June 25, 2012.
V. Statutory and Executive Order Reviews
A. General Requirements
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,
[[Page 24405]]
August 10, 1999). This action merely approves a state rule implementing
a Federal requirement, and does not alter the relationship or the
distribution of power and responsibilities established in the Act. This
rule also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it approves a state rule implementing a Federal
standard.
In reviewing Section 111(d)/129 plan submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the 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 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 Section 111(d)/129 plan submission, to use VCS in place of a
Section 111(d)/129 plan submission that otherwise satisfies the
provisions of the 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.).
B. 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 Comptroller General of the United States 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).
C. 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 June 25, 2012. 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 approving Illinois' Section 111(d)/129 plan revision for
HMIWI sources may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Administrative
practice and procedure, Hospital medical infectious waste incinerators,
Intergovernmental relations, Reporting and recordkeeping requirements.
Dated: April 9, 2012.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 62 is amended as follows:
PART 62--[AMENDED]
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1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart O--Illinois
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2. Sections 62.3340, 62.3341, and 62.3342 are revised to read as
follows:
Sec. 62.3340 Identification of plan.
Illinois submitted, on November 8, 2011 and supplemented on
December 28, 2011, a revised State Plan for implementing the Emission
Guidelines affecting Hospital/Medical Infectious Waste Incinerators
(HMIWI). The enforceable mechanism for this revised State plan is 35
Ill. Adm. Code Part 229. This rule was adopted by the Illinois
Pollution Control Board on September 22, 2011 and became effective on
September 30, 2011.
Sec. 62.3341 Identification of sources.
The Illinois State Plan for existing Hospital/Medical/Infectious
Waste Incinerators (HMIWI) applies to all HMIWIs for which:
(a) Construction commenced either on or before June 20, 1996 or
modification was commenced either on or before March 16, 1998; or
(b) Construction commenced either after June 20, 1996, but no later
than December 1, 2008, or for which modification is commenced after
March 16, 1998, but no later than April 6, 2010.
Sec. 62.3342 Effective date.
The Federal effective date of the Illinois State Plan for existing
Hospital/Medical/Infectious Waste Incinerators is June 25, 2012.
[FR Doc. 2012-9712 Filed 4-23-12; 8:45 am]
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