[Federal Register Volume 59, Number 171 (Tuesday, September 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21907]


[[Page Unknown]]

[Federal Register: September 6, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[FL-45-1-5927a:48-1-6197a; FRL-5055-5]

 

Approval and Promulgation of Implementation Plans Florida: 
Approval of Revisions for Human Crematory and Biological Waste 
Incineration

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving revisions to the Florida State Implementation 
Plan (SIP) submitted by the State of Florida through the Florida 
Department of Environmental Protection (FDEP). These revisions 
incorporate animal crematory and human crematory regulations into the 
Florida SIP and were submitted on October 8, 1992, and December 9, 
1992, respectively.

DATES: This final rule will be effective November 7, 1994 unless 
someone submits adverse or critical comments by October 6, 1994. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Written comments should be addressed to: Joey LeVasseur, 
Regulatory Planning and Development Section, Air Programs Branch, Air, 
Pesticides & Toxics Management Division, Region IV Environmental 
Protection Agency, 345 Courtland Street, NE., Atlanta, Georgia 30365.

    Copies of the material submitted by the State of Florida may be 
examined during normal business hours at the following locations:


    Air and Radiation Docket and Information Center (Air Docket 6102), 
U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460.

    Environmental Protection Agency, Region IV Air Programs Branch, 345 
Courtland Street, NE., Atlanta, Georgia 30365.

    Air Resources Management Division, Florida Department of 
Environmental Protection, Twin Towers Office Building, 2600 Blair Stone 
Road, Tallahassee, Florida 32399-2400.

FOR FURTHER INFORMATION CONTACT: Joey LeVasseur, Regulatory Planning 
and Development Section, Air Programs Branch, Air, Pesticides & Toxics 
Management Division, Region IV Environmental Protection Agency, 345 
Courtland Street, NE., Atlanta, Georgia 30365, The telephone number is 
404/347-2864.

SUPPLEMENTARY INFORMATION: EPA is approving revisions to the Florida 
SIP submitted by the State of Florida through the FDEP on October 8, 
1992, and December 9, 1992. These revisions incorporate animal 
crematory and human crematory regulations into the Florida SIP. The 
following is a description of the revisions. The regulations are more 
fully discussed in the official SIP submittal that is available at the 
Region IV office listed under the ``ADDRESSES'' section of this 
document.

17-296.401-Specific Source Emission Limiting Standards

    Amendments to this section were made to incorporate specific 
standards for animal crematories. The amendments impact only those 
units with capacities equal to or less than 500 pounds per hour used 
exclusively to cremate dead animals. Included in the amendments is an 
emission standard for particulate matter of 0.080 grains per dry 
standard cubic foot of flue gas, corrected to 7% oxygen (O2). 
Carbon monoxide (CO) emissions shall not exceed 100 parts per million 
by volume, dry basis, corrected to 7% O2. Also included are 
minimum secondary temperature requirements that are more stringent than 
the standards applied to biohazardous waste incinerators of the same 
size. Limits on the amount of chlorinated plastics that can be 
incinerated and operator training requirements are also established to 
insure that the units are operated properly. This section was 
previously numbered 17-2.600.

17-297.330-Stationary Point Source Emission Test Procedures

    Revisions were made in Table 297.330-1 to establish more specific 
parameters for substituting particulate and carbon monoxide emission 
data from identical sources. Due to the removal of human remains from 
the definition of biological waste, all references to human crematories 
were removed from the table. Also, EPA Method 26 was added as the test 
procedure for the hydrochloric acid standard. The numbering of the 
amendments has also been changed to correspond with the renumbering of 
Chapter 17-2, F.A.C. Rule section 17-297.330 was previously numbered 
17-2.700 and the previous number for Table 297.330-1 was 700-1.

17-296.200-Definitions

    The definition of a ``human crematory'' was added to this section. 
A human crematory is any combustion apparatus used solely for the 
cremation of dead human bodies with appropriate containers as described 
in Rule 17-296.401(5)(e), F.A.C. This rule section was previously 
number 17-2.100.

17-296.401-Incinerators

    Amendments to this section have been made to incorporate specific 
standards for crematories. The amendments impact only those units used 
exclusively to cremate human remains in appropriate containers. No 
other material, including biological waste as defined in section 17-
296.200, F.A.C., shall be incinerated. Included in the amendments is an 
emission standard for particulate matter and minimum secondary 
temperature requirements. Limits on the amount of chlorinated plastics 
that can be incinerated and operator training requirements are also 
established to ensure that the units are operated properly. This rule 
section was previously numbered 17-2.600.

17-297.330-Applicable Test Procedures

    Table 297.330-1 was amended to include test procedures for human 
crematories. Test methods for visible emissions, carbon monoxide, 
oxygen, and particulate matter have been included. New facilities are 
required to do emissions testing prior to obtaining and renewing 
operating permits. Existing facilities must show initial compliance and 
do emissions testing prior to renewing operating permits. Human 
crematories may demonstrate compliance with the particulate and carbon 
monoxide emission standards by submission of test data from an 
identical source. This rule section was previously numbered 17-2.700.

17-297.500-Continuous Emission Monitoring Requirements

    General requirements have been added for human crematories to 
install, operate, and maintain continuous monitors to record 
temperature at the point where 1.0 second gas residence time is 
obtained in the secondary chamber. A complete file must be maintained 
for at least two years following the recording of such measurements. 
This rule section was previously numbered17-2.710.

Final Action

    In this action, EPA is approving the aforementioned biological 
waste regulations submitted by the State of Florida through the FDEP on 
October 8, 1992, and December 9, 1992. The EPA is publishing this 
action without prior proposal because the Agency views this as a 
noncontroversial amendment and anticipates no adverse comments. 
However, in a separate document in this Federal Register publication, 
the EPA is proposing to approve the SIP revision should adverse or 
critical comments be filed. This action will be effective November 7, 
1994 unless, by October 6, 1994, adverse or critical comments are 
received. If the EPA receives such comments, this action will be 
withdrawn before the effective date by publishing a subsequent document 
that will withdraw the final action. All public comments received will 
then be addressed in a subsequent final rule based on this action 
serving as a proposed rule. The EPA will not institute a second comment 
period on this action. Any parties interested in commenting on this 
action should do so at this time. If no such comments are received, the 
public is advised that this action will be effective November 7, 1994.
    Under section 307(b)(1) of the CAA, 42 U.S.C. 7607 (b)(1), 
petitions for judicial review of this action must be filed in the 
United States Court of Appeals for the appropriate circuit by November 
7, 1994. Filing a petition for reconsideration by the Administrator of 
this final rule does not affect the finality of this rule for 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 CAA, 42 U.S.C. 7607 (b)(2).)
    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael Shapiro, Acting Assistant Administrator for Air 
and Radiation. A future document will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and 3 SIP revisions from the requirements of 
section 3 of Executive Order 12291 for 2 years. The EPA has submitted a 
request for a permanent waiver for Table 2 and Table 3 SIP revisions. 
The OMB has agreed to continue the waiver until such time as it rules 
on EPA's request. This request continues in effect under Executive 
Order 12866 which superseded Executive Order 12291 on September 30, 
1993.
    Nothing in this action shall be construed as permitting, allowing, 
or establishing a precedent for any future request for a revision to 
any SIP. Each request for revision to the SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small not-for-profit 
enterprises, and government entities with jurisdiction over populations 
of less than 50,000.
    SIP approvals under section 110 and subchapter I, part D of the CAA 
do not create any new requirements, but simply approve requirements 
that the state is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, I certify that it does 
not have a significant impact on small entities. Moreover, due to the 
nature of the Federal-state relationship under the CAA, preparation of 
a regulatory flexibility analysis would constitute Federal inquiry into 
the economic reasonableness of state action. The CAA forbids EPA to 
base its actions concerning SIPs on such grounds. Union Electric Co. v. 
U.S. E.P.A. , 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410 (a)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Nitrogen dioxide, Ozone, Particulate matter, Reporting and 
recordkeeping requirements, Sulfur oxides.

    Dated: July 27, 1994.
Patrick M. Tobin,
Acting Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations, is 
amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

     Authority: 42.U.S.C. 7401-7671q.

Subpart K--Florida

    2. Section 52.520 is amended by adding paragraph (c)(82) to read as 
follows:


Sec. 52.520  Identification of plan.

 * * * * *
    (c) * * *
    (82) Revisions to chapter 17-296 and 17-297 of the Florida 
Administrative Code (FAC) regarding animal crematories and human 
crematories submitted on October 8, 1992, and December 9, 1993, 
respectively.
    (i) Incorporation by reference.
    (A) Amendments to FAC 17-2.600(d) and 17-2.700 and Table 700-1, 
adopted September 24, 1992.
    (B) Amendments to FAC 17-296.200(84), 17-296.401(5), 17-297.330, 
Table 17-297.330-1 and 17-297.500(7), adopted November 12, 1992.
    (ii) Additional information. None.
* * * * *
[FR Doc. 94-21907 Filed 9-2-94; 8:45 am]
BILLING CODE 6560-50-F