[Federal Register Volume 64, Number 157 (Monday, August 16, 1999)]
[Rules and Regulations]
[Pages 44420-44421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21166]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[FRL-6421-9]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; North Dakota; Control of Emissions From 
Existing Hospital/Medical/Infectious Waste Incinerators; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Correcting amendments.

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SUMMARY: This action makes typographical corrections to the final 
regulations (FRL-6340-6), which were published in the Federal Register 
of Thursday May 13, 1999, (FR Doc. 99-12001). The regulations related 
to North Dakota's Hospital/Medical/Infectious Waste Incinerator (HMIWI) 
111(d) state plan.

DATES: This correcting amendment is effective on August 16, 1999.

FOR FURTHER INFORMATION CONTACT: Kathleen Paser, Region 8, Office of 
Air and Radiation, at (303) 312-6526.

SUPPLEMENTARY INFORMATION:

Background

    The final regulations that are the subject of these corrections 
documented the approved Clean Air Act section 111(d) Plan submitted by 
the North Dakota Department of Health on October 6, 1998, to implement 
and enforce the Emissions Guidelines (EG) for Existing Hospital/
Medical/Infectious Waste Incinerators (HMIWI).
    On May 13, 1999, EPA published the direct final approval of North 
Dakota's section 111(d) State Plan for the control of Hospital/Medical/
Infectious Waste Incinerator emissions. Four typographical errors 
occurred in which the word hazardous was substituted for the word 
hospital.

Need for Correction

    As published, the final regulations contain errors which may prove 
to be misleading and need to be clarified.

Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and is therefore not 
subject to review by the Office of Management and Budget. In addition, 
this action does not impose any enforceable duty, contain any unfunded 
mandate, or impose any significant or unique impact on small 
governments as described in the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4). This rule also does not require prior consultation 
with State, local, and tribal government officials as specified by 
Executive Order 12875 (58 F.R. 58093, October 28, 1993) or Executive 
Order 13084 (63 FR 27655 (May 10, 1998), or involve special 
consideration of environmental justice related issues as required by 
Executive Order 12898 (59 FR 7629, February 16, 1994). Because this 
action is not subject to notice-and-comment requirements under the 
Administrative Procedure Act or any other statute, it is not subject to 
the regulatory flexibility provisions of the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.). This rule also is not subject to Executive 
Order 13045 (62 F.R. 19885, April 23, 1997) because EPA interprets E.O. 
13045 as applying only to those regulatory actions that are based on 
health or safety risks, such that the analysis required under section 
5-501 of the Order has the potential to influence the regulation. This 
rule is not

[[Page 44421]]

subject to E.O. 13045 because it does not establish an environmental 
standard intended to mitigate health or safety risks. This rule is not 
subject to the requirements of the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq., because it does not include any information collection 
requirements. This rule is not subject to the requirements of the 
National Technology Transfer and Advancement Act (NTTAA) because it 
does not include provisions for technical standards.

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 US Senate, the US 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). This rule 
correction will be effective on August 16, 1999.

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements.

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

    Dated: August 5, 1999.
Jack W. McGraw,
Acting Regional Administrator, Region VIII

    Accordingly, 40 CFR part 62 is corrected by making the following 
correcting amendments:

PART 62--[AMENDED]

    1. The authority citation for part 62 continues to read as follows:

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

Subpart JJ--North Dakota

    2. Revise the undesignated center heading and Sec. 62.8610, 
62.8611, and 62.8612 to subpart JJ to read as follows:

Air Emissions From Hospital/Medical/Infectious Waste Incinerators


Sec. 62.8610  Identification of Plan.

    Section 111(d) Plan for Hospital/Medical/Infectious Waste 
Incinerators and the associated State regulation in section 33-15-12-02 
of the North Dakota Administrative Code submitted by the State on 
October 6, 1998.


Sec. 62.8611  Identification of Sources.

    The plan applies to all existing hospital/medical/infectious waste 
incinerators for which construction was commenced on or before June 20, 
1996, as described in 40 CFR part 60, subpart Ce.


Sec. 62.8612  Effective Date.

    The effective date for the portion of the plan applicable to 
existing hospital/medical/infectious waste incinerators is July 12, 
1999.

[FR Doc. 99-21166 Filed 8-13-99; 8:45 am]
BILLING CODE 6560-50-P