[Federal Register Volume 66, Number 190 (Monday, October 1, 2001)]
[Rules and Regulations]
[Pages 49834-49837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24215]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[TX-128-1-7466a; FRL-7067-6]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; Texas: Control of Emissions From Existing
Hospital/Medical/Infectious Waste Incinerators
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is taking direct final action approving the Texas
111(d) Plan submitted by the Governor of Texas on June 2, 2000, to
implement and enforce the Emissions Guidelines (EG) for existing
Hospital/Medical/Infectious Waste Incinerators (HMIWI). The EG requires
States to develop plans to reduce toxic air emissions from all HMIWIs.
This action also corrects an error in the list of designated facilities
in the identification of the Texas 111(d) plan.
DATES: This rule is effective on November 30, 2001 without further
notice, unless EPA receives adverse comment by October 31, 2001. If EPA
receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Written comments on this action should be addressed to Mr.
Thomas H. Diggs, Chief, Air Planning Section (6PD-L), at the EPA Region
6 Office listed below. Copies of documents relevant to this action are
available for public inspection during normal business hours at the
following locations. Anyone wanting to examine these documents should
make an appointment with the appropriate office at least two working
days in advance.
U.S. Environmental Protection Agency, Region 6, Air Planning
Section (6PD-L), 1445 Ross Avenue, Dallas, Texas 75202-2733.
Texas Natural Resource Conservation Commission, Office of Air
Quality, 12124 Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Bill Deese at (214) 665-7253.
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,''
``us,'' or ``our'' is used, we mean the EPA.
Table of Contents
I. What Action Is Being Taken by EPA Today?
II. Why Do We Need To Regulate HMIWI Emissions?
III. What Is a State Plan?
IV. What Does the Texas State Plan Contain?
V. Is My HMIWI Subject to These Regulations?
VI. What Steps Do I Need To Take?
VII. Correction to Identification of Texas 111(d) Plan
VIII. Final Action
IX. Administrative Requirements
I. What Action Is Being Taken by EPA Today?
The EPA is approving the Texas State Plan, as submitted on June 2,
2000, for the control of air emissions from HMIWIs. When we developed
our New Source Performance Standard (NSPS) for HMIWIs, we also
developed EG to control air emissions from older HMIWIs. See 62 FR
48348-48391, September 15, 1997. The Texas Natural Resource
Conservation Commission (TNRCC) developed a State Plan, as required by
section 111(d) of the Federal Clean Air Act (the Act), to incorporate
the EG requirements into its body of regulations, and we are acting
today to approve the State's Plan.
II. Why Do We Need To Regulate HMIWI Emissions?
When burned, hospital waste and medical/infectious waste emit
various air pollutants, including hydrochloric acid, dioxin/furan, and
toxic metals (lead, cadmium, and mercury). Mercury is highly hazardous
and is of particular concern because it persists in the environment and
bioaccumulates through the food web. Serious developmental and adult
effects in humans, primarily damage to the nervous system, have been
associated with exposures to mercury. Harmful effects in wildlife have
also been reported; these include nervous system damage and behavioral
and reproductive deficits. Human and wildlife exposure to mercury
occurs mainly through the ingestion of fish. When inhaled, mercury
vapor attacks the lung tissue and is a cumulative poison. Short-term
exposure to mercury in certain forms can cause hallucinations and
impair consciousness. Long-term exposure to mercury in certain forms
can affect the central nervous system and cause kidney damage.
Exposure to particulate matter has been linked with adverse health
effects, including aggravation of existing
[[Page 49835]]
respiratory and cardiovascular disease and increased risk of premature
death.
Hydrochloric acid is a clear colorless gas. Chronic exposure to
hydrochloric acid has been reported to cause gastritis, chronic
bronchitis, dermatitis, and photosensitization. Acute exposure to high
levels of chlorine in humans may result in chest pain, vomiting, toxic
pneumonitis, pulmonary edema, and death. At lower levels, chlorine is a
potent irritant to the eyes, the upper respiratory tract, and lungs.
Exposure to dioxin and furan can cause skin disorders, cancer, and
reproductive effects such as endometriosis. These pollutants can also
affect the immune system.
III. What Is a State Plan?
Section 111(d) of the Act requires that pollutants controlled under
NSPS must also be controlled at older sources in the same source
category. Once an NSPS is promulgated, we then 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 their body of regulations. States must also
include in this State Plan other elements, such as inventories, legal
authority, and public participation documentation, to demonstrate the
ability to enforce it.
IV. What Does the Texas State Plan Contain?
The State added a control strategy entitled ``Plan for Control of
Hospital and Medical/Infectious Waste Incinerators'' to its ``The Texas
State Plan for the Control of Designated Facilities and Pollutants'' in
order to implement the 1997 EG for HMIWI under 40 CFR part 60, subpart
Ce. For the regulatory element of the plan, the TNRCC adopted, on May
17, 2000, revisions to Title 30 of the Texas Administrative Code,
Chapter 113 (30 TAC 113) (Regulation III), Control of Air Pollution
From Toxic Materials. These revisions amended Section 113.1,
Definitions, and added to Subchapter D, Designated Facilities and
Pollutants, a new Division 2, Hospital/Medical/Infectious Waste
Incinerators, Sections 113.2070 to 113.2072 and 113.2074 to 113.2079.
The State effective date of these rules was June 11, 2000. The Governor
submitted the Plan to EPA on June 2, 2000.
The Texas State Plan contains:
1. A demonstration of the State's legal authority to implement the
section 111(d) State Plan;
2. State Regulations 30 TAC 113.1; 30 TAC 113.2070 to 113.2072; and
30 TAC 113.2074 to 113.2079 as the enforceable mechanism;
3. An inventory of approximately 101 operating designated
facilities subject to the Chapter 113 emission standards, 24 units
exempt from control requirements but subject to reporting, and 43
affected facilities which have elected to shut down. An updated
inventory of facilities and emissions inventory along with estimates of
their toxic air emissions are being collected and will be included in
the AIRS database in the future by the State.
4. Emission limits that are as protective as the EG;
5. A compliance date no later than one year after we approve the
Plan. See Section 113.2079 and 40 CFR 60.39e, as listed at 62 FR 48381,
September 15, 1997.
6. Testing, monitoring, reporting and recordkeeping requirements
for the designated facilities;
7. Records from the public hearing; and,
8. Provisions for progress reports to EPA.
The Texas State Plan was reviewed for approval against the
following criteria: 40 CFR part 60, subpart B, Adoption and Submittal
of State Plans for Designated Facilities; and 40 CFR part 60, subpart
Ce, Emission Guidelines and Compliance Times for Hospital/Medical/
Infectious Waste Incinerators. A detailed discussion of our evaluation
of the Texas State Plan is included in our technical support document
located in the official file for this action.
V. Is My HMIWI Subject to These Regulations?
The EG for existing HMIWIs affect any HMIWI built on or before June
20, 1996. If your facility meets this criterion, you are subject to
these regulations.
VI. What Steps Do I Need To Take?
You must meet the requirements in 30 TAC 113 as set out above and
summarized as follows:
1. Determine the size of your incinerator by establishing its
maximum design capacity.
2. Each size category of HMIWI has certain emission limits
established which your incinerator must meet. See Table 2 in Section
113.2072 to determine the specific emission limits which apply to you.
The emission limits apply at all times, except during startup,
shutdown, or malfunctions, provided that no waste has been charged
during these events. See Section 113.2072.
3. There are provisions to address small-remote incinerators
(Sections 113.2070(15)(G), 113.2072, 113.2074, 113.2075, 113.2076(b)).
4. You must meet a five percent opacity limit on your discharge,
averaged over a six-minute period (Section 113.2072(b)(2)).
5. You must have a qualified HMIWI operator available to supervise
the operation of your incinerator. This operator training and
qualification requirements are given in Section 113.2078.
6. Your operator must be certified, as discussed in 5 above, no
later than one year after we approve the Plan. See Section 113.2079 and
40 CFR 60.39e(e), as listed at 62 FR 48382, September 15, 1997.
7. You must develop and submit to TNRCC a waste management plan.
This plan must be developed under guidance provided by the American
Hospital Association publication, ``An Ounce of Prevention: Waste
Reduction Strategies for Health Care Facilities, 1993,'' and must be
submitted to TNRCC within 60 days after initial performance test. See
Section 113.2077.
8. You must conduct an initial performance test to determine your
incinerator's compliance with these emission limits (Section 113.2075).
9. You must install and maintain devices to monitor the parameters
listed under Table 6 in Section 113.2075.
10. You must document and maintain information concerning pollutant
concentrations, opacity measurements, charge rates, and other
operational data. This information must be maintained for a period of
five years. See Section 113.2076.
11. You must report to TNRCC the results of your initial
performance test, the values for your site-specific operating
parameters, and your waste management plan. This information must be
reported within 60 days following your initial performance test, and
must be signed by the facilities manager (Section 113.2076).
12. In general, you must comply with all the requirements of this
State Plan within one year after we approve it. See Section 113.2079.
VII. Correction to Identification of Texas 111(d) Plan
On June 17, 1999 (64 FR 32427) we approved the Texas 111(d) plan
for municipal solid waste landfills. We inadvertently failed to add
municipal solid waste landfills to the list of Texas designated
facilities listed in 40 CFR 62.10850(c). This action corrects this
error by adding ``Municipal solid waste landfills'' to the list of
designated facilities in 40 CFR 62.10850(c).
[[Page 49836]]
VIII. Final Action
The EPA is approving the Texas 111(d) plan for the control of air
emissions from existing HMIWIs submitted by the Governor on June 2,
2000. This action also corrects an error in 40 CFR 62.10850(c) by
adding ``Municipal solid waste landfills'' to the list of Texas
designated facilities.
The EPA is publishing this rule without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the ``Proposed Rules'' section of today's Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve this revision to the Texas 111(d) Plan
if adverse comments are received. This rule will be effective on
November 30, 2001 without further notice unless we receive adverse
comment by October 31, 2001. If EPA receives adverse comments, we will
publish a timely withdrawal in the Federal Register informing the
public that the rule will not take effect. We will address all public
comments in a subsequent final rule based on the proposed rule. We will
not institute a second comment period on this action. Any parties
interested in commenting must do so at this time.
IX. 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. 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 (Public Law 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, August 10, 1999). This action 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 Act.
This rule also is not subject to Executive Order 13045 ``Protection of
Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
In reviewing state 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 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 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.).
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. The 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. 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).
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 November 30, 2001. 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) of the Act.
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Hospital/medical/infectious waste incineration,
Intergovernmental relations, Reporting and recordkeeping requirements.
Dated: September 19, 2001.
Gregg A. Cooke,
Regional Administrator, Region 6.
Part 62, 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 SS--Texas
2. Section 62.10850 is amended by adding paragraphs (b)(4) and
(c)(3) and (c)(4) as follows:
Sec. 62.10850 Identification of plan.
* * * * *
(b) * * *
(4) Control of air emissions from designated hospital/medical/
infectious waste incinerators submitted by the Governor in a letter
dated June 2, 2000.
* * * * *
(c) * * *
(3) Municipal solid waste landfills
(4) Hospital/medical/infectious waste incinerators.
3. Subpart SS is amended by adding a new undesignated center
heading and Secs. 62.10910 and 62.10911 to read as follows:
Air Emissions From Hospital/Medical/Infectious Wastes Incinerators
Sec. 62.10910 Identification of Sources.
The plan applies to existing hospital/medical/infectious waste
incinerators for which construction, reconstruction, or modification
was commenced before June 20, 1996, as described in 40 CFR part 60,
subpart Ce.
[[Page 49837]]
Sec. 62.10911 Effective date.
The effective date for the portion of the plan applicable to
existing hospital/medical/infectious waste incinerators is November 30,
2001.
[FR Doc. 01-24215 Filed 9-28-01; 8:45 am]
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