[Federal Register Volume 65, Number 38 (Friday, February 25, 2000)]
[Rules and Regulations]
[Pages 10022-10025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4229]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[GA51-200011a; FRL-6541-5]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants: Georgia

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The United States Environmental Protection Agency (EPA) is 
approving the section 111(d) Plan submitted by the Georgia Department 
of Natural Resources (DNR) for the State of Georgia on September 15, 
1998, to implement and enforce the Emissions Guidelines (EG) for 
existing Hospital/Medical/Infectious Waste Incinerator (HMIWI) units.

DATES: This direct final rule is effective on April 25, 2000, without 
further notice, unless EPA receives adverse comment by March 27, 2000. 
If EPA receives adverse comment, we 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: You should address comments on this action to Scott Martin, 
EPA Region 4, Air Planning Branch, 61 Forsyth Street, SW, Atlanta, 
Georgia 30303-3104. Copies of all materials considered in this 
rulemaking may be examined during normal business hours at the 
following locations: EPA Region 4, Sam Nunn Atlanta Federal Center, 61 
Forsyth Street, SW, Atlanta, Georgia 30303-3104; and at the Georgia 
Department of Natural Resources, Air Protection Branch, 4244 
International Parkway, Suite 120, Atlanta, Georgia 30354.

FOR FURTHER INFORMATION CONTACT: Scott Martin at (404) 562-9036 or 
Scott Davis at (404) 562-9127.

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 Georgia 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 Georgia State Plan contain?
IV. Is my HMIWI subject to these regulations?
V. What steps do I need to take?
VI. Why is the Georgia HMIWI State Plan approvable?
VII. Final Action
VIII. Administrative Requirements

I. What Action Is Being Taken by EPA Today?

    We are approving the Georgia State Plan, as submitted on September 
15, 1998, 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 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 Georgia DNR developed a State Plan, as required by sections 111(d) 
and 129 of the Clean Air Act as amended in 1990 (the Act), to adopt the 
EG into their body of regulations, and we are acting today to approve 
it.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in a separate document in this Federal Register 
publication, we are proposing to approve the revision should 
significant, material, and adverse comments be filed. This action is 
effective April 25, 2000, unless by March 27, 2000, adverse or critical 
comments are received. If we receive such comments, this rule will be 
withdrawn before the effective date by publishing a subsequent document 
that will withdraw the final action. All public comments received will 
be addressed in a subsequent final rule based on the proposed rule. We 
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, this action is effective April 25, 2000.

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 Georgia 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, 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

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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 Georgia State Plan Contain?

    The Georgia DNR adopted the Federal NSPS and EG for HMIWIs by 
reference into the Georgia Rule for Air Quality Control, Chapter 391-3-
1-.02(2)(iii), and sections 2.117.2, 2.117.3, and 2.117.4 of the 
Georgia DNR Procedures for Testing and Monitoring Sources of Air 
Pollutants. The State rules were effective on June 15, 1998. The 
Georgia State Plan contains:
    1. A demonstration of the State's legal authority to implement the 
section 111(d) State Plan;
    2. State rules, Chapter 391-3-1-.02(2)(iii) and sections 2.117.2, 
2.117.3, and 2.117.4, as the enforceable mechanism;
    3. An inventory of approximately 138 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 March 15, 2000;
    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 the Georgia Rule for Air 
Quality Control, Chapter 391-3-1-.02(2)(iii), and sections 2.117.2, 
2.117.3, and 2.117.4 of the Georgia DNR Procedures for Testing and 
Monitoring Sources of Air Pollutants, 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 1 of 40 CFR 
part 60, subpart Ce, 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. (40 CFR 60.33e, as listed at 62 FR 48382, 
September 15, 1997).
    3. There are provisions to address small rural incinerators (40 CFR 
60.33e(b), 60.36e, 60.37e(c)(d), and 60.38e(b), as listed at 62 FR 
48380, September 15, 1997).
    4. You must meet a 10% opacity limit on your discharge, averaged 
over a six-minute block of time (40 CFR 60.33e(c), as listed at 62 FR 
48380, September 15, 1997).
    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 40 CFR 60.53c(c) (40 CFR 60.34e, as 
listed at 62 FR 48380).
    6. Your operator must be certified, as discussed in 5 above, no 
later than one year after EPA approval of this Georgia State Plan (40 
CFR 60.39e(e), as listed at 62 FR 48382).
    7. You must develop and submit to Georgia DNR 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 Georgia DNR no later than one year after EPA approval 
of this State Plan (40 CFR 60.35e, as listed at 62 FR 48380).
    8. You must conduct an initial performance test to determine your 
incinerator's compliance with these emission limits. This performance 
test must be completed by March 15, 2000.
    9. You must install and maintain devices to monitor the parameters 
listed under Table 3 to subpart Ec (40 CFR 60.37e(c), as listed at 62 
FR 48381).
    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 (40 CFR 60.38e, as listed at 62 FR 48381).
    11. You must submit an annual report to Georgia DNR containing 
records of annual equipment inspections, any required maintenance, and 
unscheduled repairs. This annual report must be signed by the 
facilities manager (40 CFR 60.38e, as listed at 62 FR 48381).

VI. Why Is the Georgia HMIWI State Plan Approvable?

    EPA compared the Georgia rules (Georgia Rule for Air Quality 
Control, Chapter 391-3-1-.02(2)(iii), and sections 2.117.2, 2.117.3, 
and 2.117.4 of the Georgia DNR Procedures for Testing and Monitoring 
Sources of Air Pollutants), against our HMIWI EG. EPA finds the Georgia 
rules to be at least as protective as the EG. The Georgia 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; and, 40 CFR 60, 60.30e through 60.39e, Subpart 
Ce--Emission Guidelines and Compliance Times for Hospital/Medical/
Infectious Waste Incinerators. The Georgia State Plan satisfies the 
requirements for an approvable section 111(d) plan under subparts B and 
Ce of 40 CFR part 60. For

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these reasons, we are approving the Georgia HMIWI State Plan.

VII. Final Action

    EPA is approving the aformentioned changes to the SIP because they 
meet EPA requirements. The EPA is publishing this rule without prior 
proposal because the Agency 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 SIP 
revision should adverse comments be filed. This rule will be effective 
April 25, 2000 without further notice unless the Agency receives 
adverse comments by March 27, 2000.
    If the 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. The EPA will not 
institute a second comment period. Parties interested in commenting 
should do so at this time. If no such comments are received, the public 
is advised that this rule will be effective on April 25, 2000 and no 
further action will be taken on the proposed rule.

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. 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). For the same reason, 
this rule also does not significantly or uniquely affect the 
communities of tribal governments, as specified by Executive Order 
13084 (63 FR 27655, May 10, 1998). This rule will 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), because it 
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 (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. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
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).
    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 April 25, 2000. 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, Hospital/medical/infectious waste incineration, 
Intergovernmental relations, Reporting and recordkeeping requirements.

    Dated: February 10, 2000.
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 L--Georgia

    2. Section 62.2600 is amended by adding paragraphs (b)(6) and 
(c)(5) to read as follows:


Sec. 62.2600  Identification of plan.

* * * * *
    (b) * * *
    (6) State of Georgia Plan for Implementation of 40 CFR Part 60, 
Subpart Ce, for Hospital/Medical/Infectious Waste Incinerators 
Constructed on or Before June 20, 1996, submitted on September 15, 
1998, by the Georgia Department of Natural Resources.
    (c) * * *
    (5) Existing hospital/medical/infectious waste incinerators.

    3. Subpart L is amended by adding a new Sec. 62.2608 and a new 
undesignated center heading to read as follows:

Air Emissions From Hospital/Medical/Infectious Waste Incinerators


Sec. 62.2608  Identification of sources.

    The plan applies to existing hospital/medical/infectious waste 
incinerators for which construction, reconstruction, or modification 
was commenced before

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June 20, 1996, as described in 40 CFR Part 60, Subpart Ce.

[FR Doc. 00-4229 Filed 2-24-00; 8:45 am]
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