[Federal Register Volume 72, Number 128 (Thursday, July 5, 2007)]
[Rules and Regulations]
[Pages 36605-36607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13002]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R05-OAR-2006-0560; FRL-8335-5]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio Rules to Control Emissions From Hospital, Medical, and Infectious
Waste Incinerators
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is giving final approval to a State plan submitted by
Ohio concerning criteria pollutant and toxic emissions from Hospital,
Medical and Infectious Waste Incinerators (HMIWI) in the State. Ohio
prepared a plan based on Clean Air Act (CAA) sections 111(d) and 129
for existing hospital, medical and infectious waste incinerators and
asked that it be reviewed and approved as the State plan. The State's
HMIWI plan sets out requirements for affected units at least as
stringent as the EPA requirements entitled ``Emission Guidelines (EG)
and Compliance Times for Hospital/Medical/ Infectious Waste
Incinerators'' published in the Federal Register dated September 15,
1997. For approval, the State plan must include requirements for
emission limits at least as protective as those requirements stated in
the emission guideline. We are approving, with some exceptions, items
requested in Ohio's letter of October 18, 2005, including limits for a
variety of emissions from HMIWI units including mercury, cadmium, lead,
hydrogen chloride, and dioxin and criteria pollutants. The rules in the
plan apply to existing sources only, for which construction commenced
on or before June 20, 1996. New sources constructed after this date are
covered by a Federal new source performance standard. The Ohio rules,
contained in the plan, were proposed on March 22, 2002, and a public
hearing was held on April 29, 2002. The rules became effective in Ohio
on March 23, 2004. EPA proposed approval in the Federal Register on
January 10, 2007, and received no comments on the proposal. We are
approving the Ohio plan, with several noted exceptions, because it
meets the requirements of the EPA emission guideline affecting hospital
incinerators.
DATES: This final rule is effective on August 6, 2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2006-0560. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through 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 John Paskevicz,
Engineer, at (312) 886-6084 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: John Paskevicz, Engineer, Criteria
Pollutant Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6084, [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. What action is being taken by EPA?
II. The HMIWI State Plan Requirement
III. What does the Ohio plan contain?
IV. Is my HMIWI subject to these regulations?
V. Why is the Ohio HMIWI plan approvable?
VI. Statutory and Executive Order Reviews
I. What action is being taken by EPA?
We are approving selected portions of the Ohio plan to control the
air emissions from HMIWI units in the State. Our approval is based on
EPA's review of the Ohio plan compared to the EPA Emission Guideline
(EG) document dated September 15, 1997, 40 CFR part 60, subpart Ce
(Emission Guidelines and Compliance Times for HMIWIs, see 62 FR 48348-
48391). As noted in our proposed rule approval, (72 FR 1197, dated
January 10, 2007) we are not taking action on the following portions of
the Ohio Rule 3745-75-02(I)(1) (arsenic), -02(I)(2) (beryllium), -
02(I)(4) (chromium), and -02(I)(7) (nickel) because these pollutants
and the emission limits noted in the State rule for these pollutants
are not part of the EPA emission guideline document. EPA
[[Page 36606]]
approves all other items requested in the Ohio letter of October 18,
2005.
II. The HMIWI State Plan Requirement
A HMIWI plan is a plan to control air pollutant emissions from
existing incinerators which burn hospital waste or medical or
infectious waste.
States were required under section 111(d) and 129 of the CAA to
submit State plans to control emissions from existing HMIWI units. The
requirement for a State plan was triggered when EPA published the EG
for HMIWI under 40 CFR part 60, subpart Ce (62 FR 48348, September 15,
1997). The State plan is required to reduce several types of air
pollutants associated with waste incineration.
The State plan includes control requirements which will reduce
emissions of criteria pollutants including: particulate matter, sulfur
dioxide, carbon monoxide, and nitrogen oxides. The approved plan will
also control the emissions of toxic pollutants including: hydrogen
chloride, lead, cadmium, mercury, and dioxin/furans. All of these
pollutants cause adverse effects to public health and the environment.
Dioxin, lead, and mercury bio-accumulate through the food chain.
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
agriculture and forests and man-made structures. 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 acid rain and ground level ozone, which is associated with a number
of adverse health and environmental effects.
III. What does the Ohio plan contain?
The Ohio Plan contains:
1. A demonstration of the State's legal authority to implement the
section 111(d)/129 State Plan;
2. State rule, known as OAC 3745-75, as the enforceable mechanism;
3. An inventory of known active and exempt facilities, along with
estimates of their potential air emissions;
4. Emission limits that are as protective as the EG;
5. A compliance date accomplished under the Federal Plan;
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?
If your HMIWI as defined by Ohio is presently in operation and you
rely on it to get rid of your hospital, medical and infectious waste
and it was built on or before June 20, 1996, then it is subject to the
State's regulation.
V. Why is the Ohio HMIWI plan approvable?
We compared the Ohio rules to the EPA's EG for HMIWI and found the
Ohio rules matching very closely with the EPA EG with one exception.
The exception is the Ohio rules also cover additional toxic pollutants
including arsenic, beryllium, chromium, and nickel. These additional
toxic pollutants are not part of the HMIWI EG and EPA is not including
these pollutants in today's approved rule.
VI. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
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.
Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant regulatory action,'' 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).
Regulatory Flexibility Act
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.).
Unfunded Mandates Reform Act
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).
Executive Order 13175: Consultation and Coordination with Indian Tribal
Governments
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).
Executive Order 13132: Federalism
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 CAA.
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
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.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's 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), 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 CAA. Thus, the requirements of section
12(d) of the National
[[Page 36607]]
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply.
Paperwork Reduction Act
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.).
Congressional Review Act
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).
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 4, 2007. 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, Waste treatment and disposal, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: June 25, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
0
For the reasons stated in the preamble, part 62, chapter I, of title 40
of the Code of Federal Regulations is amended as follows:
PART 62--[AMENDED]
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart KK--Ohio
0
2. Subpart KK is amended by adding an undesignated center heading and
Sec. 62.8880 to read as follows:
* * * * *
Emissions From Hospital, Medical, and Infectious Waste Incinerators
(HMIWI)
Sec. 62.8880 Identification of plan.
(a) Identification of plan. Ohio rules to Control Emissions from
Hospital, Medical, and Infectious Waste Incinerators (HMIWI), submitted
by the Ohio EPA on October 18, 2005. Rules 3745-75-01, 3745-75-02,
3745-75-03, 3745-75-04, 3745-75-05, and 3745-75-06 of the Ohio
Administrative Code, effective in the state March 23, 2004, with the
exception of rules 3745-75-02(I)(1), 3745-75-02(I)(2), 3745-75-
02(I)(4), and 3745-75-02(I)(7).
(b) Identification of sources. The plan applies to existing
hospital/medical/infectious waste incinerators for which construction,
reconstruction, or modification was commenced on or before June 20,
1996, as described in 40 CFR part 60, subpart Ce.
(c) Effective date. The effective date of the plan is August 6,
2007.
[FR Doc. E7-13002 Filed 7-3-07; 8:45 am]
BILLING CODE 6560-50-P