[Federal Register Volume 65, Number 221 (Wednesday, November 15, 2000)]
[Rules and Regulations]
[Pages 68905-68908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29217]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[FL-86-200028(a); FRL-6902-4]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
section 111(d) Plan submitted by the Florida

[[Page 68906]]

Department of Environmental Protection (DEP) for the State of Florida 
on September 16, 1999, 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 January 16, 2001, without 
further notice, unless EPA receives adverse comment by December 15, 
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 Joey 
LeVasseur, 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 Florida 
Department of Environmental Protection, Air Resources Management 
Division, Twin Towers Office Building, 2600 Blair Stone Road, 
Tallahassee, Florida 32399-2400.

FOR FURTHER INFORMATION CONTACT: Joey LeVasseur at (404) 562-9035 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 Florida 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 Florida State Plan contain?
IV. Is my HMIWI subject to these regulations?
V. What steps do I need to take?
VI. Why is the Florida HMIWI State Plan approvable?
VII. Administrative Requirements

I. What Action Is Being Taken by EPA Today?

    We are approving the Florida State Plan, as submitted on September 
16, 1999, 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 Florida DEP developed a State Plan, as required by sections 111(d) 
and 129 of the Clean Air Act (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 January 16, 2001, unless by December 15, 2000, adverse or 
critical comments are received. If we receive such comments, this 
action will be withdrawn before the effective date by publishing a 
subsequent notice that will withdraw the final action. All public 
comments received will be addressed in a subsequent final rule based on 
this action serving as a 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 January 16, 2001.

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 Florida 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 
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 Florida State Plan Contain?

    The Florida DEP adopted the Federal NSPS and EG by reference into 
the Florida Administrative Code, Rules 62-

[[Page 68907]]

204.800(7)(b) and 62-204.800(8)(d). The State rules were effective on 
September 1, 1999. The Florida State Plan contains:
    1. A demonstration of the State's legal authority to implement the 
section 111(d) State Plan;
    2. State rule, Rule 62-204.800(8)(d), as the enforceable mechanism;
    3. An inventory of approximately 32 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 one year from the effective date of this 
State Plan approval;
    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 Florida Administrative 
Code, Rule 62-204.800(8)(d), 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. (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 part 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 Florida State Plan. (40 
CFR 60.39e(e), as listed at 62 FR 48382).
    7. You must develop and submit to Florida DEP 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 Florida DEP no later than 60 days following the initial 
performance test for the affected unit. (40 CFR 60.35e, as listed at 62 
FR 48380).
    8. You must conduct an initial performance test to determine your 
incinerators compliance with these emission limits. This performance 
test must be completed as required under 40 CFR 60.8.
    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 Florida DEM 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 Florida HMIWI State Plan Approvable?

    EPA compared the Florida rules (Florida Administrative Code, Rule 
62-204.800(8)(d) against our HMIWI EG. EPA finds the Florida rules to 
be at least as protective as the EG. The Florida 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 Florida State Plan satisfies the 
requirements for an approvable section 111(d) plan under subparts B and 
Ce of 40 CFR part 60. For these reasons, we are approving the Florida 
HMIWI State Plan.

VII. 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

[[Page 68908]]

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. section 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. 
section 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 January 16, 2001. 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: October 25, 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 K--Florida

    2. Section 62.2350 is amended by adding paragraphs (b)(7) and 
(c)(5) to read as follows:


Sec. 62.2350  Identification of plan.

* * * * *
    (b) * * *
    (7) State of Florida Department of Environmental Protection Section 
111(d) State Plan for Hospital/Medical/Infectious Waste Incinerators, 
submitted on September 16, 1999, by the Florida Department of 
Environmental Protection.
    (c) * * *
    (5) Existing hospital/medical/infectious waste incinerators.


    3. Subpart K is amended by adding a new Sec. 62.2370 and a new 
undesignated center heading to read as follows:

Air Emissions From Hospital/Medical/Infectious Waste Incinerators


Sec. 62.2370  Identification of sources.

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

[FR Doc. 00-29217 Filed 11-14-00; 8:45 am]
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