[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Proposed Rules]
[Pages 5231-5234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02339]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R07-OAR-2018-0005; FRL-9974-15-Region 7]


Approval of State Plans for Designated Facilities and Pollutants; 
Missouri; Hospital, Medical, and Infectious Waste Incineration (HMIWI) 
Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve revisions to the Missouri state plan for designated facilities 
and pollutants developed under sections 111(d) and 129 of the Clean Air 
Act (CAA) that were requested by Missouri Department of Natural 
Resources (MDNR) in two separate submissions made on August 8, 2011 and 
on July 3, 2014. This proposed action will amend the state regulations 
referenced in the state's 111(d) plan applicable to existing Hospital, 
Medical, Infectious Waste Incinerators (HMIWI) operating in the state 
of Missouri. The state rule revisions we are proposing to approve with 
this action update HMIWI regulatory requirements for emission limits 
for waste management plans, training, compliance and performance 
testing, monitoring, and reporting and recordkeeping to be consistent 
with updates to Federal rules. These regulatory revisions proposed for 
approval into Missouri's state plan do not impact air quality. EPA's 
proposed approval of this revision is being done in accordance with the 
requirements of CAA section 111(d) as further described in the 
Technical Support Document that is included in this docket.

DATES: Comments must be received on or before March 8, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R07-
OAR-2018-0005, to https://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov.

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The EPA may publish any comment received to its public docket. Do not 
submit electronically any information you consider to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Multimedia submissions (audio, video, etc.) must 
be accompanied by a written comment. The written comment is considered 
the official comment and should include discussion of all points you 
wish to make. The EPA will generally not consider comments or comment 
contents located outside of the primary submission (i.e. on the web, 
cloud, or other file sharing system). For additional submission 
methods, the full EPA public comment policy, information about CBI or 
multimedia submissions, and general guidance on making effective 
comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Larry Gonzalez, Environmental 
Protection Agency, Air Planning and Development Branch, 11201 Renner 
Boulevard, Lenexa, Kansas 66219 at (913) 551-7041 or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to EPA. This section provides additional information by 
addressing the following:

I. What is being addressed in this document?
II. Background
III. Analysis of State Submittal
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    EPA is proposing to approve revisions to the regulations cited in 
Missouri's state plan for HMIWI facilities and pollutants developed 
under sections 111(d) and 129 of the CAA that were requested by MDNR in 
two separate submissions made on August 8, 2011 and on July 3, 2014. 
This regulatory action is a revision to the State's regulatory 
requirements for existing facilities and not new sources. The amended 
state rule limits emissions of metals, particulate matter, acid gases, 
organic compounds, carbon monoxide, and opacity. These rule revisions 
are necessary to ensure that the state regulations applicable to HMIWI 
are consistent with updates to Federal rules for HMIWI.
    The August 8, 2011, submittal updates requirements for emission 
limits, waste management plans, training, compliance and performance 
testing, monitoring, and reporting and recordkeeping requirements that 
apply to existing HMIWI facilities. Additionally, the state's 
regulatory revisions also include the movement of definitions, 
previously located in the state rule that applies specifically to HMIWI 
(10 CSR 10-6.200) to a new regulatory section that contains definitions 
applicable to air rules in general (10 CSR 10-6.020).
    On April 4, 2011 (76 FR 18407), and May 13, 2013 (78 FR 28051), EPA 
promulgated revisions to the Federal HMIWI guidelines that corrected 
errors made in calculating the emission standard for certain classes of 
HMIWI and pollutants, and eliminated the startup, shutdown, and 
malfunction (SSM) exemption. In addition, EPA revised the Federal Plan 
applicable to HMIWI sources that are not subject to an EPA approved and 
effective State plan and that meet additional criteria specified in 40 
CFR part 62, subpart HHH. See 78 FR 28051. Missouri submitted a 
revision to their state plan on July 3, 2014, that addressed the above 
revisions promulgated by EPA.
    In the July 3, 2014, request, Missouri is seeking approval of 
additional revisions made to 10 CSR 10-6.200 that revise the 
regulations to follow the revised Federal standards. In addition to 
updating the emission standard tables, the revisions remove language 
from the compliance and performance testing provisions applicable to 
HMIWI that provided an exemption to compliance with the emission limits 
during startup, shutdown and malfunction conditions. Additionally, the 
state revised the hierarchy of definitions to clearly state that the 
applicable definitions in the Code of Federal Regulations take 
precedence over those in 10 CSR 10-6.020, and revised the test methods 
references in the state rule to match how the test methods are referred 
to in the Federal HMIWI regulations.
    This proposed action addresses both requests to amend the state 
plan by amending the underlying regulation referenced in the 111(d) 
plan applicable to HMIWI.

II. Background

    Section 111(d) of the CAA requires states to submit plans to 
control certain pollutants (designated pollutants) at existing 
facilities (designated facilities) whenever standards of performance 
have been established under section 111(b) for new sources of the same 
type and EPA has established emission guidelines (EG) for such existing 
sources. A designated pollutant is any pollutant for which no air 
quality criteria have been issued, and which is not included on a list 
published under section 108(a) or section 112(b)(1)(A) of the CAA, but 
emissions of which are subject to a standard of performance for new 
stationary sources. EPA has codified emission guidelines and compliance 
times for existing HMIWI facilities at 40 CFR part 60, subpart Ce and 
has codified New Source Performance Standards (NSPS) for new HMIWI 
facilities at 40 CFR part 60, subpart Ec. EPA also finalized a Federal 
Plan applicable to HMIWI following promulgation of EGs. EPA finalized 
the Federal Plan applicable to HMIWI at 40 CFR part 62 subpart HHH on 
May 13, 2013 (discussed later). The Federal Plan is applied in states 
that fail to submit or revise a 111(d) plan in response to the 
promulgation of new or revised EGs.
    The CAA requires that state regulatory agencies implement the EGs 
and compliance times using a state plan developed under sections 111(d) 
and 129 of the CAA. Section 111(d) establishes general requirements and 
procedures for state plan submittals for the control of designated 
pollutants. Section 129 requires emission guidelines to be promulgated 
for all categories of solid waste incineration units, including HMIWI 
units.
    Section 129 mandates that all plan requirements be at least as 
protective and restrictive as the promulgated emission guidelines. This 
includes fixed final compliance dates, fixed compliance schedules, and 
Title V permitting requirements for all affected sources. Section 129 
also requires that state plans be submitted to EPA within one year 
after EPA's promulgation of the emission guidelines and compliance 
times.
    On June 15, 1999, MDNR submitted their original section 111(d) 
state plan for HMIWI to EPA for approval. This 1999 submission was to 
comply with the 40 CFR Subpart Ce Emission Guidelines (EGs) for 
existing HMIWI that were promulgated at 62 FR 48374. The EGs applied to 
exisiting HMIWI that commenced construction on or before June 20, 1996. 
MDNR adopted the EG requirements into state rule 10 CSR 10-6.200 
``Hospital, Medical, Infectious Waste Incinerators,'' which was 
effective on July 30, 1999. EPA approved Missouri's June 15, 1999, 
section 111(d) state plan on August 19, 1999 (64 FR 45184). EPA 
approved a subsequent revision to Missouri's 111(d) plan on October 12, 
2001 (66 FR 52020).
    On October 6, 2009, in accordance with sections 111 and 129 of the 
Act, EPA promulgated revised HMIWI EGs and compliance schedules for the 
control of emissions from HMIWI units. See 74 FR 51368. A HMIWI unit as 
defined in 40 CFR 60.51c as any device

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that combusts any amount of hospital waste and/or medical/infectious 
waste. EPA codified these revised EGs at 40 CFR part 60, subpart Ce. 
Under section 129(b)(2) of the Act and the revised EGs at subpart Ce, 
states with subject sources must submit to EPA plans that implement the 
revised EGs.
    On April 4, 2011, the EPA promulgated amendments to the NSPS and 
EGs, correcting inadvertent drafting errors in the NSPS and EGs and 
clarifying that compliance with the EGs must be expeditious if a 
compliance extension is granted. See 76 FR 18407.
    On May 13, 2013, EPA promulgated a final rule amending the NSPS, 
emission guidelines, and establishing a revised Federal Plan for HMIWI 
which eliminated the SSM exemption. See 78 FR 28051.
    Missouri's August 8, 2011, and July 3, 2014, submittals amend the 
state's plan for managing HMIWI facilities in accordance with Federal 
guidelines promulgated in 2009 through 2013. In response to the final 
rules promulgated by EPA in 2009 and 2013, EPA received two requests 
from MDNR to revise the state's 111(d) plan. EPA did not act to approve 
the first MDNR request to amend their 111(d) plan because of changes 
being made to the Federal emission guidelines due to a series of EPA 
proposals and final actions that would result in subsequent changes to 
submitted state plans. Following this series of proposals, final rules, 
and the correction notice published by EPA, MDNR submitted its July 
2014 request to revise their 111(d) plan, and the EPA elected to 
process the MDNR requests together. Therefore this proposed action 
addresses components from both MDNR requests to approve revisions to 
the state's 111(d) plan applicable to HMIWI.

III. Analysis of State Submittal

    The state's request to amend the state plan (through the amendment 
of the underlying applicable regulations found at 10 CSR 10-6.200) were 
received on August 12, 2011, and July 7, 2014, in accordance with the 
requirements for adoption and submittal of state plans for designated 
facilities in 40 CFR part 60, subpart B. The revised plan establishes 
emission limits for existing HMIWI, and provides for the implementation 
and enforcement of those limits. Missouri's plan includes all 
documentation that all of these requirements have been met. The 
emission limits, testing, monitoring, reporting and recordkeeping 
requirements, and other aspects of the Federal rule have been adopted. 
Missouri rule 10 CSR 10-6.200 contains all applicable requirements.
    The state provided evidence that it complied with the public notice 
and comment requirements of 40 CFR part 60 Subpart B. MDNR received two 
comments to their proposal to revise the HMIWI regulations at 10 CSR 
10-6.200 in July of 2011. The first comment requested that MDNR replace 
table 1 in the 10-6.200 with table IB from the April 4, 2011 EPA final 
rule. In response, MDNR explained that table IB in the EPA rule applied 
only to new sources and the proposed MDNR table 1 applied to existing 
sources--and therefore the table would not be changed. The second 
comment expressed support for the proposed amendments and again no 
change was made as a result of the comment. In the second proposal to 
amend the HMIWI regulations, to remove the SSM exemption and match how 
the Federal HMIWI rules refer to EPA test methods, MDNR received no 
comments.
    A technical support document analyzing the regulatory changes MDNR 
made to their HMIWI rules is included in this docket (EPA-R07-OAR-2018-
0005). This review contains a line by line analysis of the revisions to 
Missouri rule 10 CSR 10-6.200 which are in accordance with the 
regulatory revisions made by EPA to 40 CFR part 60 subpart Ce, and part 
62 subpart HHH.

IV. What action is EPA taking?

    Based on the rationale discussed above, EPA is proposing to approve 
Missouri's August 8, 2011, and July 3, 2014, submittals of its amended 
111(d) plan for HMIWI.

V. Statutory and Executive Order Reviews

    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 under Executive Orders 12866 and 13563 (76 FR 3821, 
January 21, 2011). This action is not subject to review under Executive 
Order 13771 (82 FR 9339, February 2, 2017) regulatory action because 
SIP approvals are exempted under Executive Order 12866. 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 proposes to 
approve state law as meeting Federal requirements and imposes no 
additional requirements beyond those imposed by state law. Accordingly, 
the Administrator certifies that this rulemaking 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 rulemaking would approve 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 (Pub. L. 104-4).
    The SIP is not approved to apply on any Indian reservation land or 
in any other area where EPA or an Indian tribe has demonstrated that a 
tribe has jurisdiction. In those areas of Indian country, the rule does 
not have tribal implications and will not impose substantial direct 
costs on tribal governments or preempt tribal law 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). Thus Executive Order 13132 does not apply to this action. 
This action merely proposes to approve a state rule implementing a 
Federal standard, and does not alter the relationship or the 
distribution of power and responsibilities established in the CAA. This 
rulemaking 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 proposes to approve a state rule 
implementing a Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. 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 submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA when it reviews a state 
submission, to use VCS in place of a state submission that otherwise 
satisfies the provisions of the CAA. 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 action does not impose an 
information collection burden under the provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Burden is defined at 5 
CFR 1320.3(b).

[[Page 5234]]

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Administrative 
practice and procedure, Hospital, medical, and infectious incineration 
units, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Dated: January 26, 2018.
James B. Gulliford,
Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA proposes to amend 40 
CFR part 62 as set forth below:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart AA--Missouri

0
2. Amend Sec.  62.6358 by adding paragraph (e) to read as follows:


Sec.  62.6358   Identification of plan.

* * * * *
    (e) Amended plan. Submitted by the Missouri Department of Natural 
Resources on July 3, 2014 and August 8, 2011. The effective date of the 
amended plan is April 9, 2018.

[FR Doc. 2018-02339 Filed 2-5-18; 8:45 am]
 BILLING CODE 6560-50-P