[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 6560-50-P