[Federal Register Volume 65, Number 136 (Friday, July 14, 2000)]
[Rules and Regulations]
[Pages 43702-43704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17872]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[KS 105-1105a; FRL-6733-9]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Control of Emissions From Hospital/Medical/
Infectious Waste Incinerators (HMIWI); State of Kansas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving the state of Kansas' section 111(d) plan for
controlling emissions from existing 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 rule is effective on September 12, 2000 without further
notice, unless EPA receives adverse comment by August 14, 2000. 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: Written comments must be submitted to Wayne Kaiser, Air
Planning and Development Branch, 901 North 5th Street, Kansas City,
Kansas 66101.
Copies of documents relative to this action are available for
public inspection during normal business hours at the above listed
Region 7 location. The interested persons wanting to examine these
documents should make an appointment with the office at least 24 hours
in advance.
FOR FURTHER INFORMATION CONTACT: Wayne Kaiser at (913) 551-7603.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we, us,
or our'' is used, we mean EPA. This section provides additional
information by addressing the following questions:
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 Kansas 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 us 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 us to set air emissions standards for
certain categories of sources. These standards are called new source
performance standards (NSPS). When an NSPS is promulgated for new
sources, we also 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 its body
of regulations and submit it to us for approval. The state plan is
called a 111(d) plan.
What Is Subpart Ce?
We 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 the EG, Subpart Ce, were
promulgated by us 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 our approval a section 111(d) state plan
containing air emission regulations and compliance schedules for
existing HMIWIs.
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,
[[Page 43703]]
emission inventories, source surveillance, and compliance assurance and
enforcement requirements. The technical requirements for existing 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 us, 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 when it is promulgated.
What Is Contained in the Kansas State Plan?
The state of Kansas submitted its section 111(d) state plan to us
for approval on May 4, 2000. The state adopted the EG requirements into
Kansas Department of Health and Environment (KDHE) rules at Kansas
Administrative Regulations (K.A.R.) Article 19, rules 28-19-729 through
28-19-729h. The state effective date of these rules is May 5, 2000. The
section 111(d) state plan contains:
1. A demonstration of the state's legal authority to implement the
section 111(d) state plan. Pages one and two of the plan list 15
separate Kansas statutes which provide the basis for Kansas' authority
to adopt and implement the 111(d) plan.
2. State rules K.A.R. 28-19-729 through 28-19-729h, as the
enforceable mechanism. The specific rules are:
28-19-729--Standards for ``hospital/medical/infectious
waste incinerators.''
28-19-729a--``Hospital/medical/infections waste
incinerators''; definitions.
28-19-729b--``Hospital/medical/infections waste
incinerators''; emission standards.
28-19-729c--Standards for ``Hospital/medical/infections
waste incinerators''; compliance schedule.
28-19-729d--``Hospital/medical/infections waste
incinerators''; operation, operator training, and qualification
standards.
28-19-729e--``Hospital/medical/infections waste
incinerators''; waste management plan.
28-19-729f--``Hospital/medical/infections waste
incinerators''; inspections.
28-19-729g--``Hospital/medical/infections waste
incinerators''; compliance, performance testing, and monitoring
guidelines.
28-19-729h--``Hospital/medical/infections waste
incinerators''; reporting and recordkeeping.
3. An inventory of sources in Appendix A.
4. An emissions inventory on pages six through eleven, and in Table
2 of the plan.
5. Emission limits, as protective as the EG, are contained in rule
28-19-729b and Table 1 of the rule.
6. A final compliance date of September 15, 2002, which is
specified in rule 28-19-729c(b)(2).
7. Testing, monitoring, and inspection requirements, which are
contained in rule 28-19-729g.
8. Reporting and recordkeeping requirements, which are contained in
rule 28-19-729h.
9. Operator training and qualification requirements, which are
contained in rule 28-19-729d.
10. Requirements for the development of waste management plans,
which are contained in rule 28-19-729e.
11. A record of the public notice and hearing requirements is
provided starting on page 14 of the plan.
12. Provisions for progress reports to EPA is discussed on page 15
of the plan.
13. Title V permit application due date requirements are specified
on page 13 of the plan. Title V permit applications must be submitted
no later than September 15, 2000.
14. A final compliance date of September 15, 2002, is specified in
the plan on page 13 and in rule 28-19-729c.
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, EPA is approving Kansas' May 4, 2000,
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 Kansas there
are no known HMIWIs in Indian country. Nothing in this action should be
construed as making any determinations or expressing any position with
regard to Kansas' audit law (K.S.A. 60-3332, et seq.), and this action
does not express or imply any viewpoint regarding any legal
deficiencies in this or any other Federally authorized, deleted, or
approved program resulting from the effect of Kansas's audit law.
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 state plan should
adverse comments be filed. This rule will be effective September 12,
2000 without further notice unless the Agency receives adverse comments
by August 14, 2000.
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 September 12, 2000 and
no further action will be taken on the proposed rule.
Administrative 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. 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 preexisting 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). For the same reason, this
rule also does not significantly or uniquely affect the communities of
tribal governments, as
[[Page 43704]]
specified by Executive Order 13084 (63 FR 27655, May 10, 1998). This
rule will 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, August
10, 1999), because it merely approves a state rule implementing a
Federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the CAA. This
rule also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant.
In reviewing state plan submissions, our role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the state
to use voluntary consensus standards (VCS), we have no authority to
disapprove a state plan submission for failure to use VCS. It would
thus be inconsistent with applicable law for EPA, when it reviews a
state plan submission, to use VCS in place of a state plan submission
that otherwise satisfies the provisions of the CAA. 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. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, we have taken the necessary steps to eliminate
drafting errors and ambiguity, minimize potential litigation, and
provide a clear legal standard for affected conduct. EPA has complied
with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining
the takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the Executive Order.
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.).
The Congressional Review Act, 5 U.S.C. section 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. We will submit a report containing this
rule and other required information to the United States Senate, the
United States 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. section 804(2).
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 September 12, 2000. 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, Carbon monoxide,
Hydrocarbons, Intergovernmental relations, Lead, Nitrogen dioxide,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides.
Dated: June 20, 2000.
Michael Sanderson,
Acting Regional Administrator, Region 7.
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 R--Kansas
2. Subpart R is amended by adding Sec. 62.4179 and an undesignated
center heading to read as follows:
Air Emissions From Existing Hospital/Medical/Infectious Waste
Incinerators
Sec. 62.4179 Identification of plan.
(a) Identification of plan. Kansas plan for the control of air
emissions from hospital/medical/infectious waste incinerators submitted
by the Kansas Department of Health and Environment on May 4, 2000.
(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 September 12,
2000.
[FR Doc. 00-17872 Filed 7-13-00; 8:45 am]
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