[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Rules and Regulations]
[Pages 27444-27447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13595]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-RO4-OAR-2008-0159(b); FRL-8912-9]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; City of Memphis, TN; Control of Emissions
From Existing Hospital/Medical/Infectious Waste Incinerators
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving the Clean Air Act (CAA) section 111(d)/129
State Plan submitted by the Memphis-Shelby County Health Department
(MSCHD) for the City of Memphis, Tennessee on February 16, 2006 (State
Plan). The State Plan is for implementing and enforcing the Emissions
Guidelines (EG) applicable to existing Hospital/Medical/Infectious
Waste Incinerator (HMIWI) units that commenced construction on or
before June 20, 1996.
DATES: This direct final rule will be effective August 10, 2009, unless
EPA receives adverse comments by July 10, 2009. If adverse comments are
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: Submit your comments, identified by Regional Material in
EDocket (RME) by Docket ID No. EPA-R04-OAR-2008-0159 by one of the
following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. Agency Web site: http://docket.epa.gov/rmepub/RME, EPA's
electronic public docket and comment system, is EPA's preferred method
for receiving comments. Once in the system, select ``quick search,''
then key in the appropriate RME Docket identification number. Follow
the online instructions for submitting comments.
3. E-mail: [email protected].
4. Fax: (404) 562-9095.
5. Mail: ``EPA-R04-OAR-2008-0159,'' Air Toxics Assessment and
Implementation Section, Air Toxics and Monitoring Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960.
6. Hand Delivery or Courier: Deliver your comments to: Dr. Egide N.
Louis, Air Toxics and Monitoring Branch, U.S. Environmental Protection
Agency, Region 4, 12th Floor, 61 Forsyth Street, SW., Atlanta, Georgia
30303-8960. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
Federal holidays.
Instructions: Direct your comments to RME ID No. EPA-R04-OAR-2008-
0159. EPA's policy is that all comments received will be included in
the public docket without change and may be made available online at
http://docket.epa.gov/rmepub/, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through RME, regulations.gov
or e-mail. The EPA RME Web site and the Federal regulations.gov Web
site are ``anonymous access'' systems, which means EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send an e-mail comment directly to EPA without
going through RME or regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit
[[Page 27445]]
an electronic comment, EPA recommends that you include your name and
other contact information in the body of your comment and with any disk
or CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses.
Docket: All documents in the electronic docket are listed in the
RME index at http://docket.epa.gov/rmepub/. Although listed in the
index, some information is not publicly available, i.e., 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 in RME
or in hard copy at the Air Toxics Assessment and Implementation
Section, Air Toxics and Monitoring Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if
at all possible, you contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30
a.m. to 4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Dr. Egide Louis at (404) 562-9240.
SUPPLEMENTARY INFORMATION:
I. Background
On February 16, 2006, pursuant to the CAA sections 111 and 129, EPA
promulgated new source performance standards (NSPS) applicable to new
HMIWI units and EG applicable to existing HMIWI units. The NSPS and EG
are codified at 40 CFR part 60, subparts Ce and Ec. Subparts Ce and Ec
regulate the following: Particulate matter, opacity, sulfur dioxide,
hydrogen chloride, oxides of nitrogen, carbon monoxide, lead, cadmium,
mercury, and dioxins and dibenzofurans.
For existing sources, CAA section 129(b)(2) requires States to
submit to EPA for approval State Plans that implement and enforce the
EG contained in 40 CFR part 60, subpart Ce. State Plans must be at
least as protective as the EG, and become federally enforceable upon
approval by EPA. Pursuant to subpart Ce, State Plans must include the
following nine items: An inventory of affected HMIWI units; an
inventory of emissions from affected HMIWI units; compliance schedules
for each affected HMIWI unit; operator training and qualification
requirements, a waste management plan, and operating limits for
affected HMIWI units; performance testing, recordkeeping, and reporting
requirements; certification that a public hearing was held; provision
for State progress reports to EPA; identification of enforceable State
mechanisms for implementing the EG; and a demonstration of the State's
legal authority to carry out the State Plan. The procedures for
adoption are codified in 40 CFR part 60, subpart B.
In this action, EPA is approving the State Plan for existing HMIWI
units submitted by MSCHD because it meets the requirements of 40 CFR
part 60, subpart Ce.
II. Discussion
MSCHD's 111(d)/129 State Plan for implementing and enforcing the EG
for existing HMIWI units includes the following: Public Participation--
Demonstration that the Public Had Adequate Notice and Opportunity to
Submit Written Comments and Attend Public Hearing; Emissions Standards
and Compliance Schedules; Emission Inventories, Source Surveillance,
and Reports; and Legal Authority. EPA's approval of the State Plan is
based on our finding that it meets the nine requirements of 40 CFR part
60, subpart Ce.
Requirements (1) and (2): Inventory of affected HMIWI units and
inventory of emissions. MSCHD submitted an emissions inventory of all
designated pollutants for existing HMIWI units under their jurisdiction
in the City of Memphis. This portion of the State Plan has been
reviewed and approved as meeting the Federal requirements for existing
HMIWI units.
Requirement (3): Compliance schedules for each affected HMIWI unit.
MSCHD submitted the compliance schedule for existing HMIWI units under
their jurisdiction in the City of Memphis. This portion of the State
Plan has been reviewed and approved as being at least as protective as
Federal requirements for existing HMIWI units.
Requirement (4): Emission limitations, operator training and
qualification requirements, a waste management plan, and operating
limits for affected HMIWI units. MSCHD adopted all emission standards
and limitations applicable to existing HMIWI units. These standards and
limitations have been approved as being at least as protective as the
Federal requirements contained in subpart Ce for existing HMIWI units.
Requirement (5): Performance testing, recordkeeping, and reporting
requirements. The State Plan contains requirements for monitoring,
recordkeeping, reporting, and compliance assurance. This portion of the
State Plan has been reviewed and approved as being at least as
protective as the Federal requirements for existing HMIWI units. The
MSCHD State Plan also includes its legal authority to require owners
and operators of designated facilities to maintain records and report
on the nature and amount of emissions and any other information that
may be necessary to enable MSCHD to judge the compliance status of the
facilities in the State Plan. MSCHD also submitted its legal authority
to provide for periodic inspection and testing, and provisions for
making reports of existing HMIWI unit emissions data, correlated with
emission standards that apply, available to the general public.
Requirement (6): Certification that a public hearing was held.
MSCHD provided certification that a public hearing was held on April 3,
2003.
Requirement (7): Provision for State progress reports to EPA. The
MSCHD State Plan provides for progress reports of plan implementation
updates to EPA on an annual basis. These progress reports will include
the required items pursuant to 40 CFR part 60, subpart B. This portion
of the State Plan has been reviewed and approved as meeting the Federal
requirements for State Plan reporting.
Requirement (8): Identification of enforceable State mechanisms for
implementing the EG. An enforcement mechanism is a legal instrument by
which MSCHD can enforce a set of standards and conditions. Pursuant to
the authority of the Tennessee Code Annotated (T.C.A.) Section 68-201-
115, MSCHD is authorized to enforce regulations and/or ordinances for
the control of air pollution, which are as stringent as the State of
Tennessee's requirements. On March 2, 2004, the City of Memphis amended
its Code of Ordinances to adopt Section 16-84.1, ``Emission Standards
for Existing Hospital/Medical/Infectious Waste Incinerators (HMIWI),''
which is equivalent to 40 CFR part 60, subpart Ce. Therefore, MSCHD's
mechanism for enforcing the standards and conditions of 40 CFR, part
60, subpart Ce is the City of Memphis Code, Section 16-84.1. On the
basis of this rule and the rules identified in Requirement (9) below,
the State Plan is approved as being at least
[[Page 27446]]
as protective as Federal requirements for existing HMIWI units.
Requirement (9): A demonstration of the State's legal authority to
carry out the State Plan. MSCHD demonstrated legal authority to adopt
emissions standards and compliance schedules for designated facilities;
authority to enforce applicable laws, regulations, standards, and
compliance schedules, and authority to seek injunctive relief;
authority to obtain information necessary to determine whether
designated facilities are in compliance with applicable laws,
regulations, standards, and compliance schedules, including authority
to require recordkeeping, make inspections, and conduct tests at
designated facilities; authority to require owners or operators of
designated facilities to install, maintain and use emission monitoring
devices and to make periodic reports to MSCHD on the nature and amount
of emissions from such facilities; and authority to make emissions data
publicly available.
MSCHD cites the following references for the legal authority noted
above: Adopt emission standards and compliance schedules--T.C.A.
Section 68-201-115(b)(3), and the City of Memphis Code 16-84.1(c) and
16-84.1(d); enforce applicable laws, regulations, standards, and
compliance schedules, and seek injunctive relief--T.C.A. 68-201-105,
T.C.A. 68-201-108, T.C.A. 68-201-109, T.C.A. 68-201-110, and T.C.A. 68-
201-112, and the City of Memphis Code 16-84.1; obtain information
necessary to determine compliance--T.C.A. Section 68-201-105 and T.C.A.
Section 68-201-115(b)(3); require recordkeeping, make inspections and
conduct tests--City of Memphis Code 16-84.1(g), and 16-84.1(i), and
T.C.A. 68-201-107; require the use of monitors and require emission
reports of owners and operators--City of Memphis Code 16-84.1(h) and
City of Memphis Code 16-84.1(i); and make emissions data publicly
available--City of Memphis Code 16-84.1(i).
EPA is approving the State Plan for existing HMIWI units submitted
by MSCHD because it meets the nine requirements of 40 CFR part, 60,
subpart Ce.
III. Final Action
In this action, EPA approves the 111(d)/129 State Plan submitted by
MSCHD for the City of Memphis to implement and enforce 40 CFR part 60,
subpart Ce, as it applies to existing HMIWI units. EPA is publishing
this rule without prior proposal because EPA 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 August 10, 2009, without further
notice unless the Agency receives adverse comments by July 10, 2009.
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 on this action. Parties interested in
commenting on this action should do so at this time. If no such
comments are received, this action is effective August 10, 2009 and no
further action will be taken on the proposed rule. Please note that if
we receive adverse comment on an amendment, paragraph, or section of
this rule, and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
rule 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 (Pub. L. 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 rule 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 rule 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 111(d)/129 plan 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 111(d)/129 plan submission for failure to use
VCS. It would thus be inconsistent with applicable law for EPA, when it
reviews a 111(d)/129 plan submission, to use VCS in place of a 111(d)/
129 plan 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 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.
[[Page 27447]]
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
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 within 60 days from the
effective date of this rule. 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 rule
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.
Dated: April 10, 2009.
Beverly H. Banister,
Acting, Regional Administrator, Region 4.
0
40 CFR part 62, subpart RR, 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 RR--Tennessee
0
2. Section 62.10626 is amended by adding paragraphs (b)(6) and (c)(3)
to read as follows:
Sec. 62.10626 Identification of plan.
* * * * *
(b) * * *
(6) City of Memphis Implementation Plan: Federal Emission
Guidelines Hospital/Medical/Infectious Waste Incinerators (HMIWI),
submitted on February 16, 2006, by the Memphis and Shelby County Health
Department.
(c) * * *
(3) Existing Hospital/Medical/Infectious Waste Incinerators
0
3. Part 62 is amended by adding a new undesignated center heading to
subpart RR and a new Sec. 62.10632 to read as follows:
Air Emissions From Existing Hospital/Medical/Infectious Waste
Incinerators (HMIWI)--Section 111(d)/129 Plan
Sec. 62.10632 Identification of sources.
The Plan applies to all existing HMWI facilities at St. Jude
Children's Hospital in the City of Memphis, for which construction was
commenced on or before June 20, 1996.
[FR Doc. E9-13595 Filed 6-9-09; 8:45 am]
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