[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Proposed Rules]
[Pages 14901-14903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07331]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0112; FRL-9992-19-Region 5]


Air Plan Approval; Ohio; Removal of Obsolete Infectious Waste 
Incinerator Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a request submitted by the Ohio Environmental Protection Agency 
(Ohio EPA) on January 24, 2018, to revise the Ohio State Implementation 
Plan (SIP) under the Clean Air Act (CAA). Ohio EPA is requesting to 
remove provisions under Ohio Administrative Code (OAC) Chapter 3745-75, 
that were approved into the Ohio SIP as part of Ohio's Hospital/
Medical/Infectious Waste Incinerator (HMIWI) state plan under sections 
110(d) and 129 of the Clean Air Act. In a separate action, EPA has 
approved Ohio EPA's request for withdrawal of its HMIWI state plan that 
allows the state rules to be superseded by the Federal Plan under 40 
CFR part 62, subpart HHH.

DATES: Comments must be received on or before May 13, 2019.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0112 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket. Do not submit electronically any

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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. 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, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Mobile Source 
Program Manager, Control Strategies Section, Air Programs Branch (AR-
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6061, 
[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. What is the background for this action?
II. What is EPA's analysis of the SIP revision?
III. What action is EPA proposing to take?
IV. Statutory and Executive Order Reviews

I. What is the background for this action?

    On September 15, 1997, EPA published emission guidelines for HMIWI 
under 40 CFR part 60, subpart Ce (62 FR 48348). The emission guidelines 
applied to existing sources only, for which construction commenced on 
or before June 20, 1996. States were required under sections 111(d) and 
129 of the CAA to submit state plans to control emissions from existing 
HMIWI units. New sources constructed after this date are covered by a 
Federal new source performance standard.
    On October 18, 2005, Ohio EPA submitted the CAA section 111(d)/129 
state plan for implementing 40 CFR part 60, subpart Ce ``Emission 
Guidelines for Existing Hospital/Medical/Infectious Waste 
Incinerators''. The state plan was subsequently approved by EPA on July 
5, 2007 (72 FR 36605) and became effective on August 6, 2007 under 40 
CFR 62.8880. As part of Ohio's HMIWI state plan, OAC Chapter 3745-75, 
``Infectious Waste Incinerator Limitations,'' was amended, submitted, 
and approved as part of Ohio's SIP (72 FR 36605). Subsequently, on 
October 6, 2009 (74 FR 51367) and April 4, 2011 (76 FR 18407), EPA 
promulgated final revised emission guidelines and amendments under 40 
CFR part 60, subpart Ce, and on May 13, 2013, EPA promulgated a final 
revised 40 CFR part 62, subpart HHH Federal Plan (78 FR 28052).
    On January 24, 2018, Ohio EPA submitted a request to approve the 
removal of all OAC Chapter 3745-75 provisions from the Ohio SIP, 
relying instead on the Federal Plan. Ohio EPA conducted a public 
hearing on this matter in Columbus, Ohio on December 7, 2017.

II. What is EPA's analysis of the SIP revision?

    On January 20, 2018, Ohio EPA rescinded rules in OAC 3745-75 that 
formerly regulated the operation of and the emissions from HMIWIs in 
Ohio. The most recent version of the rules contained in OAC 3745-75 
were based on CAA sections 111(d) and 129 and identified the 
requirements applicable to the existing HMIWIs for which construction 
commenced on or before June 20, 1996. These rules were rescinded by 
Ohio EPA as they are no longer necessary since the state is relying on 
the Federal Plan. Consistent with this, on July 26, 2018 (83 FR 35422) 
EPA approved the withdrawal of the previously approved state plan and 
amendment of 40 CFR part 62 to reflect Ohio EPA's withdrawal. As part 
of that action, Ohio EPA certified that there is only one HMIWI unit, 
as defined under 40 CFR 60.31e, currently operating in Ohio and 
requested that the Federal Plan 40 CFR part 62, subpart HHH apply to 
that HMIWI unit.
    No emissions increases will result from the removal of the OAC 
Chapter 3745-75 provisions from the Ohio SIP. Because the rescinded OAC 
Chapter 3745-75 rules will be superseded by the Federal Plan, there are 
no CAA section 110(l) issues to address.

III. What action is EPA proposing to take?

    EPA is proposing to approve the revision to the Ohio SIP submitted 
by the Ohio EPA on January 24, 2018, because the removal of existing 
infectious waste incinerator requirements in OAC Chapter 3745-75 from 
the SIP meets all applicable requirements and would not interfere with 
reasonable further progress or attainment of any of the national 
ambient air quality standards.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, 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

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governments or preempt tribal law as specified by Executive Order 13175 
(65 FR 67249, November 9, 2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen oxides, Ozone, Particulate matter, Volatile organic 
compounds.

    Dated: March 25, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2019-07331 Filed 4-11-19; 8:45 am]
 BILLING CODE 6560-50-P