[Federal Register Volume 83, Number 144 (Thursday, July 26, 2018)]
[Rules and Regulations]
[Pages 35422-35424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16002]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R05-OAR-2018-0113; FRL-9980-95--Region 5]


Air Plan Approval; Ohio; Hospital/Medical/Infectious Waste 
Incinerator Withdrawal for Designated Facilities and Pollutants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving Ohio's 
request for withdrawal of the previously approved Hospital/Medical/
Infectious Waste Incinerator (HMIWI) State Plan. The Ohio Environmental 
Protection Agency (OEPA) submitted its HMIWI withdrawal on January 24, 
2018, certifying that there is only one HMIWI unit currently operating 
in the state of Ohio and requesting that the Federal Plan apply to the 
single source in the State. The Federal HMIWI Plan will therefore apply 
in Ohio.

DATES: This final rule is effective on August 27, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2018-0113. All documents in the docket are listed on 
the www.regulations.gov website. Although listed in the index, some 
information is not publically available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the internet and will be publicly available only in hard 
copy form.

[[Page 35423]]

Publicly available docket materials are available either through 
www.regulations.gov or at the Environmental Protection Agency, Region 
5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, 
Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., 
Monday through Friday, excluding Federal holidays. We recommend that 
you telephone Margaret Sieffert, Environmental Engineer, at (312) 353-
1151 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Margaret Sieffert, Environmental 
Engineer, Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard (AT-18J), Chicago, Illinois 60604, (312) 353-1151, 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

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

I. Background

    On January 24, 2018, OEPA submitted its HMIWI withdrawal, in which 
it certifies that there is only one HMIWI unit currently operating in 
Ohio. On January 18, 2013, OEPA confirmed that two of the four HMIWI 
units had shut down. Since that time an additional HMIWI unit has shut 
down. The only remaining HMIWI unit is at Stericycle, Inc, located in 
Warren, OH. Because there is only one source remaining in the State, 
OEPA is requesting that the previously approved State Plan be withdrawn 
and that the Federal Plan apply to the source.
    On April 3, 2018, EPA published a notice of proposed rulemaking 
(NPR) proposing approval of Ohio's HMIWI withdrawal. The specific 
details of Ohio's request and the rationale for EPA's approval are 
discussed in the NPR and will not be restated here. EPA did not receive 
any comments on the proposed action.

II. What action is EPA taking?

    EPA is approving Ohio's request for withdrawal of a previously 
approved State Plan and amending 40 CFR part 62 to reflect OEPA's 
withdrawal. OEPA submitted its HMIWI withdrawal on January 24, 2018 
certifying that there is only one HMIWI unit, as defined under 40 CFR 
60.31e, currently operating in the state of Ohio and requested that the 
Federal Plan 40 CFR part 62, subpart HHH apply to the single source in 
the State. EPA understands that the extensive amendments that would be 
required by OEPA to revise Ohio's previously approved State Plan to 
make it consistent with the revisions would be disproportionate to the 
single affected source in Ohio, and is proposing to approve the 
withdrawal and have the Federal Plan apply to the known affected 
source. In this action, EPA is finalizing its approval. EPA is also 
revising 40 CFR 62.8880 to reflect this withdrawal.

III. Statutory and Executive Order Reviews

A. General Requirements

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and 
therefore is not subject to review by the Office of Management and 
Budget under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 
2011). 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 is not an Executive Order 13771 (82 FR 9339, February 2, 2017) 
regulatory action because this action is not significant under E.O. 
12866. This action merely approves state law as meeting Federal 
requirements and merely notifies the public of EPA approval for a 
withdrawal of a previously approved HMIWI State Plan. This action 
imposes no requirements beyond those imposed by the state. 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 (Pub. L. 104-4). This rule 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). This action merely approves a withdrawal, 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 
approves a withdrawal.
    In reviewing section 111(d)/129 plan submissions, EPA's role is to 
approve State choices, provided that they meet the criteria of the 
Clean Air Act. With regard to withdrawals for designated facilities 
received by EPA from states, EPA's role is to notify the public of the 
approval of the State's withdrawal and revise 40 CFR part 62 
accordingly. 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 section 111(d)/129 withdrawal for 
failure to use VCS. It would thus be inconsistent with applicable law 
for EPA, when it reviews a section 111(d)/129 withdrawal, to use VCS in 
place of a section 111(d)/129 withdrawal 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. 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. EPA will submit a report containing this action 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the

[[Page 35424]]

appropriate circuit by September 24, 2018. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action 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 incinerators, 
Intergovernmental relations, Reporting and recordkeeping requirements.


    Dated: July 9, 2018.
Cathy Stepp,
Regional Administrator, Region 5.

    40 CFR part 62 is amended as follows:

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.

0
2. Revise Sec.  62.8880 to read as follows:

Sec.  62.8880  Identification of plan.

    On January 24, 2018, the Ohio Environmental Protection Agency 
submitted a letter to EPA certifying that there is only one Hospital/
Medical/Infectious Waste Incinerator unit in the State of Ohio subject 
to the emissions guidelines at 40 CFR part 60, subpart DDDD and 
requesting that the Federal Plan at 40 CFR part 62, subpart HHH apply.

[FR Doc. 2018-16002 Filed 7-25-18; 8:45 am]
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