[Federal Register Volume 65, Number 78 (Friday, April 21, 2000)]
[Rules and Regulations]
[Pages 21358-21361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9648]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[Docket# ID-02-0001; FRL-6580-6]


Approval and Promulgation of Hospital/Medical/Infectious Waste 
Incinerators State Plan for Designated Facilities and Pollutants: Idaho

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving the State of Idaho's section 111(d) State 
Plan for controlling emissions from existing Hospital/Medical/
Infectious Waste Incinerators (HMIWI). The plan was submitted on 
December 16, 1999, to fulfill the requirements of sections 111(d) and 
129 of the Clean Air Act. The State Plan adopts and implements the 
Emissions Guidelines applicable to existing HMIWIs, and establishes 
emission limits and controls for sources constructed on or before June 
20, 1996. EPA has determined that Idaho's State Plan meets CAA 
requirements and hereby approves this State Plan, thus making it 
federally enforceable.

DATES: This action will be effective on June 20, 2000, without further 
notice, unless EPA receives relevant adverse comments by May 22, 2000. 
If EPA receives such comments, then it will publish a timely withdrawal 
of the direct final rule in the Federal Register and inform the public 
that this rule will not take effect.

ADDRESSES: Written comments should be addressed to: Catherine Woo, US 
EPA, Region X, Office of Air Quality (OAQ-107), 1200 Sixth Avenue, 
Seattle, Washington 98101.
    Copies of materials submitted to EPA may be examined during normal 
business hours at the following location: US EPA, Region X, Office of 
Air Quality, 1200 Sixth Avenue, Seattle, Washington 98101.

FOR FURTHER INFORMATION CONTACT: Catherine Woo, US EPA, Region X, 
Office of Air Quality (OAQ-107), 1200 Sixth Avenue, Seattle, Washington 
98101, (206) 553-1814.

SUPPLEMENTARY INFORMATION: Throughout this document, whenever we, us or 
our is used, this refers to EPA. Information regarding this action is 
presented in the following order:

I. EPA Action
    What action is EPA taking today?
    Why is EPA taking this action?
    Who is affected by Idaho's State Plan?
    How does this approval affect sources located in Indian Country?

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    How does this approval relate to the Federal Plan?
II. Background
    What is a State Plan?
    What is a HMIWI State Plan?
    Why are we requiring Idaho to submit a HMIWI State Plan?
    What are the requirements for a HMIWI State Plan?
III. Idaho's State Plan
    What is contained in the Idaho State Plan?
    What approval criteria did we use to evaluate Idaho's State 
Plan?
IV. EPA Rulemaking Action
V. Administrative Requirements

I. EPA Action

What Action Is EPA Taking Today?

    We are approving the State of Idaho's section 111(d) State Plan for 
controlling emissions from existing Hospital/Medical/Infectious Waste 
Incinerators (HMIWI). Idaho submitted its State Plan on December 16, 
1999, to fulfill the requirements of sections 111(d) and 129 of the 
Clean Air Act (CAA). The State Plan adopts and implements the Emissions 
Guidelines (EG) applicable to existing HMIWIs, and establishes emission 
limits and controls for sources constructed on or before June 20, 1996. 
This approval, once effective, will make the Idaho HMIWI rules included 
in the plan federally enforceable.

Why Is EPA Taking This Action?

    We have evaluated Idaho's HMIWI State Plan for consistency with the 
CAA, EPA guidelines and policy. We have determined that Idaho's State 
Plan meets all requirements, and, therefore, we are approving Idaho's 
plan to implement and enforce the standards applicable to existing 
HMIWI.

Who Is Affected by Idaho's State Plan?

    Idaho's State Plan regulates all the sources designated by EPA's EG 
for existing HMIWIs which commenced construction on or before June 20, 
1996. If your facility meets this criteria, then you are subject to 
these regulations.

How Does This Approval Affect Sources Located in Indian Country?

    Idaho's State Plan does not cover facilities located in Indian 
Country. Therefore, any sources located in Indian Country will be 
subject to the Federal plan, once promulgated (see below).

How Does This Approval Relate to the Federal Plan?

    The EPA plans to promulgate a Federal Plan which will cover sources 
located in Indian Country and sources for which there is no approved 
State Plan. Because there is no Federal Plan yet, existing HMIWI 
sources are not currently subject to any federal requirements. However, 
upon approval of Idaho's State Plan, HMIWI facilities within Idaho's 
jurisdiction will be subject to Idaho's State Plan as of the effective 
date of this action.

II. Background

What Is a State Plan?

    Section 111 of the CAA, ``Standards of Performance for New 
Stationary Sources,'' authorizes us to set air emissions standards for 
certain categories of sources. These standards are called New Source 
Performance Standards (NSPS). When a NSPS is promulgated for new 
sources, section 111(d) also requires that we publish an EG applicable 
to the control of the same pollutant from existing (designated) 
facilities. States with designated facilities must then develop a State 
Plan to adopt the EG into the State's body of regulations. States must 
also include in their State Plan other elements, such as inventories, 
legal authority, and public participation documentation, to demonstrate 
their ability to enforce the State Plans.

What Is a HMIWI State Plan?

    An HMIWI State Plan is a State Plan (as described above) that 
controls air pollutant emissions from existing incinerators which burn 
hospital waste or medical/infectious waste.

Why Are We Requiring Idaho To Submit a HMIWI State Plan?

    When we developed NSPS for HMIWIs, we simultaneously developed the 
EG to control air emissions from existing HMIWIs (see 62 FR 48348-
48391, September 15, 1997). Under section 129 of the CAA, the EG are 
not federally enforceable; therefore, section 129 of the CAA also 
requires states to submit to EPA for approval State Plans that 
implement and enforce the EG. These State Plans must be at least as 
protective as the EG, and they become federally enforceable upon 
approval by EPA. The procedures for adopting and submitting State Plans 
are located in 40 CFR part 60, subpart B. If a State fails to have an 
approvable plan in place by September 15, 1999, the EPA is required to 
promulgate a Federal plan to establish requirements for those sources 
not under an EPA-approved State Plan. Even though EPA has not yet 
promulgated such a plan, Idaho's State Plan is still approvable since 
it was deemed at least as protective as the standards set in the EG. 
Idaho has developed and submitted a State Plan, as required by section 
111(d) of the CAA, to gain federal approval to implement and enforce 
the HMIWI EG.

What Are the Requirements for a HMIWI State Plan?

    A section 111(d) State Plan submittal must meet the requirements of 
40 CFR part 60, subpart B, sections 60.23 through 60.26, and 40 CFR 
part 60, subpart Ce. Subpart B contains the procedures for adoption and 
submittal of State Plans. This subpart addresses public participation, 
legal authority, emission standards and other emission limitations, 
compliance schedules, emission inventories, source surveillance, and 
compliance assurance and enforcement requirements. EPA promulgated the 
EG as 40 CFR part 60, subpart Ce on September 15, 1997. Subpart Ce 
contains the technical requirements for existing HMIWI sources and 
applies to sources that commenced construction on or before June 20, 
1996. A State will generally address the HMIWI technical requirements 
by adopting by reference subpart Ce. The section 111(d) state plan is 
required to be submitted within one year of the EG promulgation date, 
i.e., by September 15, 1998. Prior to submittal to us, the State must 
make available to the public the State Plan and provide opportunity for 
public comment.

III. Idaho's State Plan

What Is Contained in the Idaho State Plan?

    The State of Idaho submitted its section 111(d)/129 State Plan on 
December 16, 1999, for implementing EPA's EG for existing HMIWIs. Idaho 
adopted the EG requirements into IDAPA 16.01.01.862 (effective November 
19, 1999) entitled, ``Emission Guidelines for HMIWI That Commenced 
Construction Before June 20, 1996.'' Idaho's section 111(d) Plan 
contains:
    (1) A demonstration of the State's legal authority to implement the 
section 111(d) State Plan;
    (2) State Rules adopted into 16.01.01.862 as the mechanism for 
implementing and enforcing the State Plan;
    (3) Emission inventories of all Idaho's applicable sources, which 
is approximately fifteen existing HMIWIs. In these inventories, all 
designated pollutants have been identified and data have been provided 
for each;
    (4) Emission limits that are as protective as the EG;
    (5) Enforceable compliance schedules whereby all sources must 
comply with all emission standards within one year from the effective 
date of the State Plan. The State Plan was effective December 16, 1999; 
therefore, final compliance will be December 16, 2000;

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    (6) Testing, monitoring, reporting and recordkeeping requirements 
for the designated facilities;
    (7) Records for the public notice and hearing; and
    (8) Provisions for Idaho's progress reports to EPA.

What Approval Criteria Did We Use To Evaluate Idaho's State Plan?

    We reviewed Idaho's HMIWI State Plan for approval against the 
following criteria: 40 CFR part 60, subpart B, sections 60.23 through 
60.26; and 40 CFR part 60, subpart Ce, sections 60.30(e) through 
60.39(e). A detailed discussion of our evaluation of Idaho's State Plan 
is included in our technical support document located in the official 
file for this action and available from the EPA contact listed above. 
We have determined that Idaho's HMIWI State Plan meets all of the 
applicable approval criteria.

IV. EPA Rulemaking Action

    We are approving, through direct final rulemaking action, Idaho's 
section 111(d) and 129 State Plan for HMIWIs. EPA is publishing this 
action without prior proposal because the Agency views this as a 
noncontroversial action 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 Idaho State Plan should relevant adverse comments be filed. 
This action will be effective on June 20, 2000, without further notice, 
unless EPA receives relevant adverse comments by May 22, 2000.
    If EPA receives such comments, then it will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final 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. 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 
June 20, 2000, and no further action will be taken on the proposed 
rule.

V. Administrative Requirements

A. General 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 State 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 State Plan submission for failure to use VCS. It would 
thus be inconsistent with applicable law for EPA, when it reviews a 
State Plan submission, to use VCS in place of a State 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. 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.).

B. Submission to Congress and the Comptroller General

    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. This rule is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    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 June 20, 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, Intergovernmental relations, Reporting and 
recordkeeping requirements.

    Dated: April 4, 2000.
Chuck Clarke,
Regional Administrator, Region 10.

    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.

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Subpart N--Idaho

    2. Subpart N is amended by adding Sec. 62.3110 and an undesignated 
center heading to read as follows:
* * * * *

Metals, Acid Gases, Organic Compounds, Particulates and Nitrogen 
Oxide Emissions From Existing Hospital/Medical/Infectious Waste 
Incinerators


Sec. 62.3110  Identification of plan.

    (a) The Idaho Division of Environmental Quality submitted to the 
Environmental Protection Agency a State Plan for the control of air 
emissions from Hospital/Medical/Infectious Waste Incinerators on 
December 16, 1999.
    (b) Identification of Sources: The Idaho State Plan applies to all 
existing HMIWI facilities for which construction was commenced on or 
before June 20, 1996, as described in 40 CFR part 60, subpart Ce. (This 
plan does not apply to facilities on tribal lands).
    (c) The effective date for the portion of the plan applicable to 
existing Hospital/Medical/Infectious Waste Incinerators is June 20, 
2000.

[FR Doc. 00-9648 Filed 4-20-00; 8:45 am]
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