[Federal Register Volume 66, Number 190 (Monday, October 1, 2001)]
[Rules and Regulations]
[Pages 49834-49837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24215]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[TX-128-1-7466a; FRL-7067-6]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is taking direct final action approving the Texas 
111(d) Plan submitted by the Governor of Texas on June 2, 2000, to 
implement and enforce the Emissions Guidelines (EG) for existing 
Hospital/Medical/Infectious Waste Incinerators (HMIWI). The EG requires 
States to develop plans to reduce toxic air emissions from all HMIWIs. 
This action also corrects an error in the list of designated facilities 
in the identification of the Texas 111(d) plan.

DATES: This rule is effective on November 30, 2001 without further 
notice, unless EPA receives adverse comment by October 31, 2001. If EPA 
receives such comment, EPA will publish a timely withdrawal in the 
Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Written comments on this action should be addressed to Mr. 
Thomas H. Diggs, Chief, Air Planning Section (6PD-L), at the EPA Region 
6 Office listed below. Copies of documents relevant to this action are 
available for public inspection during normal business hours at the 
following locations. Anyone wanting to examine these documents should 
make an appointment with the appropriate office at least two working 
days in advance.
    U.S. Environmental Protection Agency, Region 6, Air Planning 
Section (6PD-L), 1445 Ross Avenue, Dallas, Texas 75202-2733.
    Texas Natural Resource Conservation Commission, Office of Air 
Quality, 12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Bill Deese at (214) 665-7253.

SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we,'' 
``us,'' or ``our'' is used, we mean the EPA.

Table of Contents

    I. What Action Is Being Taken by EPA Today?
    II. Why Do We Need To Regulate HMIWI Emissions?
    III. What Is a State Plan?
    IV. What Does the Texas State Plan Contain?
    V. Is My HMIWI Subject to These Regulations?
    VI. What Steps Do I Need To Take?
    VII. Correction to Identification of Texas 111(d) Plan
    VIII. Final Action
    IX. Administrative Requirements

I. What Action Is Being Taken by EPA Today?

    The EPA is approving the Texas State Plan, as submitted on June 2, 
2000, for the control of air emissions from HMIWIs. When we 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. The Texas Natural Resource 
Conservation Commission (TNRCC) developed a State Plan, as required by 
section 111(d) of the Federal Clean Air Act (the Act), to incorporate 
the EG requirements into its body of regulations, and we are acting 
today to approve the State's Plan.

II. Why Do We Need To Regulate HMIWI Emissions?

    When burned, hospital waste and medical/infectious waste emit 
various air pollutants, including hydrochloric acid, dioxin/furan, and 
toxic metals (lead, cadmium, and mercury). Mercury is highly hazardous 
and is of particular concern because it persists in the environment and 
bioaccumulates through the food web. Serious developmental and adult 
effects in humans, primarily damage to the nervous system, have been 
associated with exposures to mercury. Harmful effects in wildlife have 
also been reported; these include nervous system damage and behavioral 
and reproductive deficits. Human and wildlife exposure to mercury 
occurs mainly through the ingestion of fish. When inhaled, mercury 
vapor attacks the lung tissue and is a cumulative poison. Short-term 
exposure to mercury in certain forms can cause hallucinations and 
impair consciousness. Long-term exposure to mercury in certain forms 
can affect the central nervous system and cause kidney damage.
    Exposure to particulate matter has been linked with adverse health 
effects, including aggravation of existing

[[Page 49835]]

respiratory and cardiovascular disease and increased risk of premature 
death.
    Hydrochloric acid is a clear colorless gas. Chronic exposure to 
hydrochloric acid has been reported to cause gastritis, chronic 
bronchitis, dermatitis, and photosensitization. Acute exposure to high 
levels of chlorine in humans may result in chest pain, vomiting, toxic 
pneumonitis, pulmonary edema, and death. At lower levels, chlorine is a 
potent irritant to the eyes, the upper respiratory tract, and lungs.
    Exposure to dioxin and furan can cause skin disorders, cancer, and 
reproductive effects such as endometriosis. These pollutants can also 
affect the immune system.

III. What Is a State Plan?

    Section 111(d) of the Act requires that pollutants controlled under 
NSPS must also be controlled at older sources in the same source 
category. Once an NSPS is promulgated, we then 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 their body of regulations. States must also 
include in this State Plan other elements, such as inventories, legal 
authority, and public participation documentation, to demonstrate the 
ability to enforce it.

IV. What Does the Texas State Plan Contain?

    The State added a control strategy entitled ``Plan for Control of 
Hospital and Medical/Infectious Waste Incinerators'' to its ``The Texas 
State Plan for the Control of Designated Facilities and Pollutants'' in 
order to implement the 1997 EG for HMIWI under 40 CFR part 60, subpart 
Ce. For the regulatory element of the plan, the TNRCC adopted, on May 
17, 2000, revisions to Title 30 of the Texas Administrative Code, 
Chapter 113 (30 TAC 113) (Regulation III), Control of Air Pollution 
From Toxic Materials. These revisions amended Section 113.1, 
Definitions, and added to Subchapter D, Designated Facilities and 
Pollutants, a new Division 2, Hospital/Medical/Infectious Waste 
Incinerators, Sections 113.2070 to 113.2072 and 113.2074 to 113.2079. 
The State effective date of these rules was June 11, 2000. The Governor 
submitted the Plan to EPA on June 2, 2000.
    The Texas State Plan contains:
    1. A demonstration of the State's legal authority to implement the 
section 111(d) State Plan;
    2. State Regulations 30 TAC 113.1; 30 TAC 113.2070 to 113.2072; and 
30 TAC 113.2074 to 113.2079 as the enforceable mechanism;
    3. An inventory of approximately 101 operating designated 
facilities subject to the Chapter 113 emission standards, 24 units 
exempt from control requirements but subject to reporting, and 43 
affected facilities which have elected to shut down. An updated 
inventory of facilities and emissions inventory along with estimates of 
their toxic air emissions are being collected and will be included in 
the AIRS database in the future by the State.
    4. Emission limits that are as protective as the EG;
    5. A compliance date no later than one year after we approve the 
Plan. See Section 113.2079 and 40 CFR 60.39e, as listed at 62 FR 48381, 
September 15, 1997.
    6. Testing, monitoring, reporting and recordkeeping requirements 
for the designated facilities;
    7. Records from the public hearing; and,
    8. Provisions for progress reports to EPA.
    The Texas State Plan was reviewed for approval against the 
following criteria: 40 CFR part 60, subpart B, Adoption and Submittal 
of State Plans for Designated Facilities; and 40 CFR part 60, subpart 
Ce, Emission Guidelines and Compliance Times for Hospital/Medical/
Infectious Waste Incinerators. A detailed discussion of our evaluation 
of the Texas State Plan is included in our technical support document 
located in the official file for this action.

V. 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.

VI. What Steps Do I Need To Take?

    You must meet the requirements in 30 TAC 113 as set out above and 
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 2 in Section 
113.2072 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. See Section 113.2072.
    3. There are provisions to address small-remote incinerators 
(Sections 113.2070(15)(G), 113.2072, 113.2074, 113.2075, 113.2076(b)).
    4. You must meet a five percent opacity limit on your discharge, 
averaged over a six-minute period (Section 113.2072(b)(2)).
    5. You must have a qualified HMIWI operator available to supervise 
the operation of your incinerator. This operator training and 
qualification requirements are given in Section 113.2078.
    6. Your operator must be certified, as discussed in 5 above, no 
later than one year after we approve the Plan. See Section 113.2079 and 
40 CFR 60.39e(e), as listed at 62 FR 48382, September 15, 1997.
    7. You must develop and submit to TNRCC 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 TNRCC within 60 days after initial performance test. See 
Section 113.2077.
    8. You must conduct an initial performance test to determine your 
incinerator's compliance with these emission limits (Section 113.2075).
    9. You must install and maintain devices to monitor the parameters 
listed under Table 6 in Section 113.2075.
    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. See Section 113.2076.
    11. You must report to TNRCC the results of your initial 
performance test, the values for your site-specific operating 
parameters, and your waste management plan. This information must be 
reported within 60 days following your initial performance test, and 
must be signed by the facilities manager (Section 113.2076).
    12. In general, you must comply with all the requirements of this 
State Plan within one year after we approve it. See Section 113.2079.

VII. Correction to Identification of Texas 111(d) Plan

    On June 17, 1999 (64 FR 32427) we approved the Texas 111(d) plan 
for municipal solid waste landfills. We inadvertently failed to add 
municipal solid waste landfills to the list of Texas designated 
facilities listed in 40 CFR 62.10850(c). This action corrects this 
error by adding ``Municipal solid waste landfills'' to the list of 
designated facilities in 40 CFR 62.10850(c).

[[Page 49836]]

VIII. Final Action

    The EPA is approving the Texas 111(d) plan for the control of air 
emissions from existing HMIWIs submitted by the Governor on June 2, 
2000. This action also corrects an error in 40 CFR 62.10850(c) by 
adding ``Municipal solid waste landfills'' to the list of Texas 
designated facilities.
    The EPA is publishing this rule without prior proposal because we 
view this as a noncontroversial amendment and anticipate no adverse 
comments. However, in the ``Proposed Rules'' section of today's Federal 
Register publication, we are publishing a separate document that will 
serve as the proposal to approve this revision to the Texas 111(d) Plan 
if adverse comments are received. This rule will be effective on 
November 30, 2001 without further notice unless we receive adverse 
comment by October 31, 2001. If EPA receives adverse comments, we will 
publish a timely withdrawal in the Federal Register informing the 
public that the rule will not take effect. We will address all public 
comments 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 must do so at this time.

IX. 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. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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).
    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does 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). This action 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 Act. 
This rule also is not subject to Executive Order 13045 ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (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 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 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. 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. The 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 Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by November 30, 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) of the Act.

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: September 19, 2001.
Gregg A. Cooke,
Regional Administrator, Region 6.

    Part 62, chapter I, title 40 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 et seq.

Subpart SS--Texas

    2. Section 62.10850 is amended by adding paragraphs (b)(4) and 
(c)(3) and (c)(4) as follows:


Sec. 62.10850  Identification of plan.

* * * * *
    (b) * * *
    (4) Control of air emissions from designated hospital/medical/
infectious waste incinerators submitted by the Governor in a letter 
dated June 2, 2000.
* * * * *
    (c) * * *
    (3) Municipal solid waste landfills
    (4) Hospital/medical/infectious waste incinerators.

    3. Subpart SS is amended by adding a new undesignated center 
heading and Secs. 62.10910 and 62.10911 to read as follows:

Air Emissions From Hospital/Medical/Infectious Wastes Incinerators


Sec. 62.10910  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.

[[Page 49837]]

Sec. 62.10911  Effective date.

    The effective date for the portion of the plan applicable to 
existing hospital/medical/infectious waste incinerators is November 30, 
2001.

[FR Doc. 01-24215 Filed 9-28-01; 8:45 am]
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