[Federal Register Volume 86, Number 39 (Tuesday, March 2, 2021)]
[Rules and Regulations]
[Pages 12109-12110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02893]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R06-OAR-2020-0315; FRL-10019-25-Region 6]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants; Arkansas, Louisiana, New Mexico, 
and Albuquerque-Bernalillo County, New Mexico; Control of Emissions 
From Existing Hospital/Medical/Infectious Waste Incinerator Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the 
Environmental Protection Agency (EPA) is notifying the public that we 
have received CAA section 111(d)/129 negative declarations from 
Arkansas, Louisiana, New Mexico, and Albuquerque-Bernalillo County, New 
Mexico, for existing Hospital/Medical/Infectious Waste Incinerator 
(HMIWI) units. These negative declarations certify that HMIWI subject 
to the requirements of sections 111(d) and 129 of the CAA do not exist 
within the jurisdictions of Arkansas, Louisiana, New Mexico, and 
Albuquerque-Bernalillo County. The EPA is accepting the negative 
declarations and amending the agency's regulations in accordance with 
the requirements of the CAA.

DATES: This rule is effective on April 1, 2021.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R06-OAR-2020-0315. All documents in the docket are 
listed on the https://www.regulations.gov website. Although listed in 
the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet. Publicly available docket 
materials are available electronically through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Karolina Ruan Lei, EPA Region 6 
Office, Air and Radiation Division--State Planning and Implementation 
Branch, 1201 Elm Street, Suite 500, Dallas, TX 75270, (214) 665-7346, 
[email protected]. Out of an abundance of caution for members 
of the public and our staff, the EPA Region 6 office will be closed to 
the public to reduce the risk of transmitting COVID-19. Please call or 
email the contact listed above if you need alternative access to 
material indexed but not provided in the docket.

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means the EPA.

I. Background

    The background for this action is discussed in detail in our July 
10, 2020, proposal (85 FR 41484). In that document we proposed to 
accept the HMIWI negative declarations from the Arkansas Department of 
Environmental Quality (ADEQ), Louisiana Department of Environmental 
Quality (LDEQ), Oklahoma Department of Environmental Quality (ODEQ), 
New Mexico Environment Department (NMED), and City of Albuquerque 
Environmental Health Department (AEHD), and to amend the Code of 
Federal Regulations (CFR) in accordance with the requirements of the 
CAA. In this rulemaking, we are only taking final action on the HMIWI 
negative declaration letters from Arkansas, Louisiana, New Mexico, and 
Albuquerque-Bernalillo County, New Mexico, and amending the CFR 
accordingly. We will take final action on the HMIWI negative 
declaration submitted by ODEQ for Oklahoma in a future, separate 
rulemaking.

II. Response to Comments

    We received two comments on our proposal. We have determined that 
one comment has no relevance to the subject of this rulemaking and no 
further response is required. The other comment recommended that a 
state plan with the more stringent controls and results in the cleanest 
air should be adopted. As explained in our proposal, the negative 
declarations received reflect the absence of any sources subject to the 
standards of performance in the HMIWI Emission Guidelines, codified at 
40 CFR part 60, subpart Ce, and therefore a plan is not required. If 
any sources within the stated jurisdictions are later identified as 
subject to the requirements of 40 CFR part 60, subpart Ce, then such 
sources would be subject to the federal plan and the associated 
compliance schedule, unless and until the EPA approves a state plan for 
those sources.

III. Final Action

    The EPA is amending 40 CFR part 62 to reflect receipt of the 
negative declaration letters from ADEQ, LDEQ, NMED and AEHD certifying 
that there are no existing HMIWI subject to 40 CFR part 60, subpart Ce, 
in their respective jurisdictions in accordance with 40 CFR 60.23(b), 
40 CFR 62.06, and sections 111(d) and 129 of the CAA. If a designated 
facility (i.e., existing HMIWI) is later found within the 
aforementioned jurisdictions after publication of a final action, then 
the overlooked facility will become subject to the requirements of the 
federal plan for that designated facility, including the compliance 
schedule. The federal plan will no longer apply if we subsequently 
receive and approve the section 111(d)/129 plan from the jurisdiction 
with the overlooked facility.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a CAA 
section 111(d)/129 submission that complies with the provisions of the 
Act and applicable Federal regulations. 42 U.S.C. 7411(d); 42 U.S.C. 
7429; 40 CFR part 60, subparts B and Ce; and 40 CFR part 62, subpart A. 
With regard to negative declarations for designated facilities received 
by the EPA from states, the EPA's role is to notify the public of the 
receipt of such negative declarations and revise 40 CFR part 62 
accordingly. 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

[[Page 12110]]

Act of 1995 (15 U.S.C. 272 note) because application of those 
requirements would be inconsistent with the CAA; and
     Does not provide the 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).
    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).

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Reporting and 
recordkeeping requirements, Waste treatment and disposal.

    Dated: February 5, 2021.
David Gray,
Acting Regional Administrator, Region 6.

    For the reasons stated in the preamble, the Environmental 
Protection Agency amends 40 CFR part 62 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.

Subpart E--Arkansas

0
2. Add an undesignated center heading following Sec.  62.867 to read as 
follows:

Emissions From Existing Hospital/Medical/Infectious Waste Incinerators

0
3. Add 62.868 to read as follows:


Sec.  62.868  Identification of plan--negative declaration.

    Letter from the Arkansas Department of Environmental Quality dated 
May 21, 2012, certifying that there are no known existing hospital/
medical/infectious waste incinerator (HMIWI) units subject to 40 CFR 
part 60, subpart Ce, within its jurisdiction.

Subpart T--Louisiana


Sec.  62.4620  [Amended]

0
4. Amend Sec.  62.4620 by removing and reserving paragraphs (b)(5) and 
(c)(6).

0
5. Revise the undesignated center heading above Sec.  62.4633 to read 
as follows:

Emissions From Existing Hospital/Medical/Infectious Waste Incinerators

0
6. Revise Sec.  62.4633 to read as follows:


Sec.  62.4633  Identification of plan--negative declaration.

    Letter from the Louisiana Department of Environmental Quality dated 
June 25, 2012, certifying that there are no known existing hospital/
medical/infectious waste incinerator (HMIWI) units subject to 40 CFR 
part 60, subpart Ce, within its jurisdiction.

0
7. Remove the undesignated center heading above Sec.  62.4634.


Sec.  62.4634  [Removed]

0
8. Remove Sec.  62.4634.

Subpart GG--New Mexico

0
9. Revise Sec.  62.7870 to read as follows:


Sec.  62.7870  Identification of plan--negative declarations.

    Letters from the New Mexico Environment Department and the City of 
Albuquerque Environmental Health Department dated February 11, 2014, 
and February 4, 2014, respectively, certifying that there are no 
existing hospital/medical/infectious waste incinerator (HMIWI) units 
subject to 40 CFR part 60, subpart Ce, within their respective 
jurisdictions in the State of New Mexico.

[FR Doc. 2021-02893 Filed 3-1-21; 8:45 am]
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