[Federal Register Volume 66, Number 184 (Friday, September 21, 2001)]
[Rules and Regulations]
[Pages 48564-48567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23604]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[Docket SC-038-200102(a); FRL-7062-1]
Approval and Promulgation of State Plans for DesignatedFacilities
and Pollutants: SC
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The United States Environmental Protection Agency (EPA) is
approving the section 111(d)/129 Plan submitted by the South Carolina
Department of Health and Environmental Control (DHEC) on September 19,
2000, for the State of South Carolina. The section 111(d)/129 Plan for
South Carolina implements and enforces the Emissions Guidelines (EG)
for existing Hospital/Medical/Infectious Waste Incinerator (HMIWI)
units.
DATES: This final rule is effective on October 22, 2001.
ADDRESSES: Copies of all materials considered in this rulemaking may be
examined during normal business hours at the following location: EPA
Region 4, Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW,
Atlanta, Georgia 30303-8960.
FOR FURTHER INFORMATION CONTACT: Gregory Crawford at EPA Region 4, Air
Planning Branch, 61 Forsyth Street, SW, Atlanta, Georgia 30303-8960,
(404) 562-9046.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What action is being taken by EPA today?
II. The HMIWI State Plan Requirement
What is a HMIWI State Plan?
Why are we requiring South Carolina to submit a HMIWI State
Plan?
Why do we need to regulate air emissions from HMIWIs?
What criteria must a HMIWI State Plan meet to be approved?
III. What does the South Carolina State Plan Contain?
IV. Is My HMIWI subject to these regulations?
V. What steps Do I need to take?
VI. Significant Issues and Changes
VII. Why is the South Carolina HMIWI State Plan approvable?
VIII. Administrative Requirements
I. What Action Is Being Taken by EPA Today?
We are approving the South Carolina State Plan, as submitted on
September 19, 2000, for the control of air emissions from HMIWIs,
except for those HMIWIs located in Indian Country. When EPA developed
our New Source Performance Standard (NSPS) for HMIWIs, we also
[[Page 48565]]
developed EG to control air emissions from older HMIWIs. (See 62 FR
48348-48391, September 15, 1997, 40 CFR part 60, subpart Ce (Emission
Guidelines and Compliance Times for HMIWIs) and subpart Ec (Standards
of Performance for HMIWIs for Which Construction is Commenced After
June 20, 1996)). The South Carolina DHEC developed a State Plan, as
required by sections 111(d) and 129 of the Clean Air Act (the Act), to
adopt the EG into their body of regulations, and we are acting today to
approve it.
II. The HMIWI State Plan Requirement
What Is a HMIWI State Plan?
A HMIWI State Plan is a plan to control air pollutant emissions
from existing incinerators which burn hospital waste or medical/
infectious waste. The plan also includes source and emission
inventories of these incinerators in the State.
Why Are We Requiring South Carolina To Submit a HMIWI State Plan?
States are required under sections 111(d) and 129 of the Act to
submit State Plans to control emissions from existing HMIWIs in the
State. The State Plan requirement was triggered when EPA published the
EG for HMIWIs under 40 CFR part 60, subpart Ce (see 62 FR 48348,
September 15, 1997).
Under section 129 of the Act, EPA is required to promulgate EG for
several types of existing solid waste incinerators. These EG establish
the Maximum Achievable Control Technology (MACT) standards that States
must adopt to comply with the Act. The HMIWI EG also establishes
requirements for monitoring, operator training, permits, and a waste
management plan that must be included in State Plans.
The intent of the State Plan requirement is to reduce several types
of air pollutants associated with waste incineration.
Why Do We Need To Regulate Air Emissions From HMIWIs?
The State Plan establishes control requirements which reduce the
following emissions from HMIWIs: particulate matter; sulfur dioxide;
hydrogen chloride; nitrogen oxides; carbon monoxide; lead; cadmium;
mercury; and dioxin/furans. These pollutants can cause adverse effects
to the public health and the environment. Dioxin, lead, and mercury
bioaccumulate through the food web. Serious developmental and adult
effects in humans, primarily damage to the nervous system, have been
associated with exposures to mercury. Exposure to dioxin and furans can
cause skin disorders, cancer, and reproductive effects such as
endometriosis. Dioxin and furans can also affect the immune system.
Acid gases affect the respiratory tract, as well as contribute to the
acid rain that damages lakes and harms forests and buildings. Exposure
to particulate matter has been linked with adverse health effects,
including aggravation of existing respiratory and cardiovascular
disease and increased risk of premature death. Nitrogen oxide emissions
contribute to the formation of ground level ozone, which is associated
with a number of adverse health and environmental effects.
What Criteria Must a HMIWI State Plan Meet To Be Approved?
The criteria for approving a HMIWI State Plan include requirements
from sections 111(d) and 129 of the Act and 40 CFR part 60, subpart B.
Under the requirements of sections 111(d) and 129 of the Act, a State
Plan must be at least as protective as the EG regarding applicability,
emission limits, compliance schedules, performance testing, monitoring
and inspections, operator training and certification, waste management
plans, and recordkeeping and reporting. Under section 129(e), State
Plans must ensure that affected HMIWI facilities submit Title V permit
applications to the State by September 15, 2000. Under the requirements
of 40 CFR part 60, subpart B, the criteria for an approvable section
111(d) plan include demonstration of legal authority, enforceable
mechanisms, public participation documentation, source and emission
inventories, and a State progress report commitment.
III. What Does the South Carolina State Plan Contain?
The South Carolina DHEC adopted the Federal EG and NSPS into
Chapter 61 of the South Carolina Code, Regulation No. 61-62.5, Standard
Number 3.1, ``Hospital/Medical/Infectious Waste Incinerators.'' The
State rules were effective on May 26, 2000. The South Carolina State
Plan contains:
1. A demonstration of the State's legal authority to implement the
section 111(d)/129 State Plan;
2. State rule, Standard Number 3.1, as the enforceable mechanism;
3. An inventory of approximately 4 known designated facilities,
along with estimates of their potential air emissions;
4. Emission limits that are as protective as the EG;
5. A compliance date of May 26, 2001;
6. Testing, monitoring, reporting and recordkeeping requirements
for the designated facilities;
7. Records from the public hearing on the State Plan; and,
8. Provisions for progress reports to EPA.
IV. 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.
V. What Steps Do I Need To Take?
You must meet the requirements listed in South Carolina Regulation
No. 61-62.5, Standard Number 3.1, 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 I of section
III (Emission Limitations) of Standard Number 3.1, 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.
3. There are provisions to address small rural incinerators (if
your unit is applicable).
4. You must meet a 10% opacity limit on your discharge, averaged
over a six-minute block.
5. You must have a qualified HMIWI operator available to supervise
the operation of your incinerator. This operator must be trained and
qualified through a State-approved program, or a training program that
meets the requirements listed under Section IX (Operator Training and
Qualification Requirements) of Standard Number 3.1.
6. Your operator must be certified, as discussed in 5 above, no
later than May 26, 2001.
7. You must develop and submit to South Carolina DHEC 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 South Carolina DHEC no later than 60 days following the
initial performance test for the affected unit.
8. You must conduct an initial performance test to determine your
incinerators compliance with these emission limits. This performance
test must be completed no later than May
[[Page 48566]]
26, 2001, and as required under 40 CFR 60.37e and Section IV
(Performance Specifications) of Standard Number 3.1.
9. You must install and maintain devices to monitor the parameters
listed under Table IV of Section V (Monitoring Requirements) of
Standard 3.1.
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.
11. You must submit an annual report to South Carolina DHEC
containing records of annual equipment inspections, any required
maintenance, and unscheduled repairs. This annual report must be signed
by the facilities manager.
VI. Significant Issues and Changes?
A total of one comment letter was received during the public
comment period for the proposed Plan approval, which ended on June 6,
2001. The issues are summarized below and addressed in a comment and
response document contained in the docket:
(1) The commenter questioned why South Carolina Regulation No. 61-
62.5, Standard Number 3.1, Section VII, subparagraph (c)(8) contained
the requirements of Sec. 60.56c(i) for the approval of site-specific
operating parameters to be established during the initial performance
test and continuously monitored thereafter. Section 129 of the Act
requires section 111(d)/129 State plans to be ``at least as protective
as the guidelines.'' In accordance with the section 111(d), section
129, subpart B, and subpart Ce requirements, the South Carolina
regulation, specifically subparagraph (c)(8), includes the
Sec. 60.56c(i) requirements, in order for the State plan for South
Carolina to be deemed an approvable section 111(d)/129 plan for
implementing the emission guidelines for HMIWI.
(2) The commenter questioned why South Carolina Regulation No. 61-
62.5, Standard Number 3.1, Section VII, subparagraph (a)(1) requires
HMIWI facilities constructed before June 20, 1996, to perform a source
test no later than 12 months following the effective date of the State
standard. Section 60.24(g) of subpart B allows any State to adopt or
enforce ``compliance schedules requiring final compliance at earlier
times than those specified in subpart C or in applicable guideline
documents.'' In accordance with the subpart B requirements, the South
Carolina regulation, specifically subparagraph (a)(1), includes a
compliance schedule earlier than specified in subpart Ce.
(3) These comments raise no specific issues or arguments affecting
approval of the South Carolina section 111(d)/129 plan.
VII. Why Is the South Carolina HMIWI State Plan Approvable?
EPA compared the South Carolina rules (Chapter 61 of the South
Carolina Code, Regulation No. 61-62.5, Standard Number 3.1) against our
HMIWI EG. EPA finds the South Carolina rules to be at least as
protective as the EG. The South Carolina 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; 40 CFR 60.30e through 60.39e, Subpart Ce--Emission
Guidelines and Compliance Times for Hospital/Medical/Infectious Waste
Incinerators; and, 40 CFR 62.14400 through 62.14495, Subpart HHH--
Federal Plan Requirements for Hospital/Medical/Infectious Waste
Incinerators Constructed on or before June 20, 1996. The South Carolina
State Plan satisfies the requirements for an approvable section 111(d)/
129 plan under subparts B and Ce of 40 CFR part 60 and subpart HHH of
40 CFR part 62. For these reasons, we are approving the South Carolina
HMIWI State Plan.
VIII. 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 Clean
Air 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 SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air 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 SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air 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. 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).
[[Page 48567]]
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 20, 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)).
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements, Waste treatment and disposal.
Dated: September 7, 2001.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
40 CFR part 62 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. 7401-7642.
Subpart PP--South Carolina
2. Section 62.10100 is amended by adding paragraphs (b)(5) and
(c)(5) to read as follows:
Sec. 62.10100 Identification of plan.
* * * * *
(b) * * *
(5) South Carolina Designated Facility Plan (Section 111(d)/129)
for Hospital/Medical/Infectious Waste Incinerators, submitted on
September 19, 2000, by the South Carolina Department of Health and
Environmental Control.
(c) * * *
(5) Existing hospital/medical/infectious waste incinerators.
3. Subpart PP is amended by adding a new Sec. 62.10170 and a new
undesignated center heading to read as follows:
Air Emissions From Hospital/Medical/Infectious Waste Incinerators
Sec. 62.10170 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.
[FR Doc. 01-23604 Filed 9-20-01; 8:45 am]
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