[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Rules and Regulations]
[Pages 17757-17758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08536]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R07-OAR-2018-0005; FRL-9977-10--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: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving 
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 final 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 approving 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 we are approving 
into Missouri's state plan do not impact air quality. EPA's approval of 
this revision is being performed 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: This rule will be effective May 24, 2018.

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. What action is EPA taking?
III. Statutory and Executive Order Reviews

I. What is being addressed in this document?

    EPA is approving 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).
    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 final action addresses both requests to amend the state plan 
by amending the underlying regulation referenced in the 111(d) plan 
applicable to HMIWI. For additional information on EPA's rational for 
approval, see EPA's proposal which contains background information for 
this action (83 FR 5231, February 6, 2018).

II. What action is EPA taking?

    EPA is approving Missouri's August 8, 2011 and July 3, 2014, 
submittals of its amended 111(d) plan for HMIWI in accordance with our 
proposed rule dated February 6, 2018 (83 FR 5231), in which we proposed 
to approve the MDNR request and requested comment regarding our future 
action. EPA received one comment in response to our proposal which was 
not related to the proposed rule and therefore a response is not 
required.

III. 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

[[Page 17758]]

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 approves 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 approves 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 approves 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).

List of Subjects in 40 CFR Part 62

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

    Dated: April 16, 2018.
Karen A. Flournoy,
Acting Regional Administrator, Region 7.

    For the reasons stated in the preamble, EPA amends 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 May 24, 2018.

[FR Doc. 2018-08536 Filed 4-23-18; 8:45 am]
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