[Federal Register Volume 86, Number 57 (Friday, March 26, 2021)]
[Proposed Rules]
[Pages 16176-16179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06080]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R04-OAR-2020-0299; FRL-10011-91-Region 4]


Georgia; Approval of State Plan for Designated Facilities and 
Pollutants; Hospital/Medical/Infectious Waste Incineration (HMIWI) 
Units

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the Clean Air Act (CAA or the Act) section 111(d)/129 state 
plan submitted by the State of Georgia, through the Georgia Department 
of Natural Resources' Environmental Protection Division on August 1, 
2018, and supplemented on January 7, 2019, for implementing and 
enforcing the Emission Guidelines (EG) and Compliance Schedules 
applicable to existing Hospital/Medical/Infectious Waste Incineration 
(HMIWI) units. The state plan provides for implementation and 
enforcement of the EG, as finalized by EPA on September 15, 1997, and 
revised on October 6, 2009, applicable to existing HMIWI units for 
which construction commenced on or before December 1, 2008, or for 
which modification commenced on or before April 6, 2010. The state plan 
establishes emission limits, as well as monitoring, operating, 
recordkeeping, and reporting requirements for affected HMIWI units.

DATES: Comments must be received on or before April 26, 2021.

ADDRESSES: Submit your comments, identified by Docket ID No. [EPA-R04-
OAR-2020-0299] at www.regulations.gov. Follow the online instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. 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. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Mark Bloeth, Communities and Air 
Toxics Section, Air Analysis and Support Branch, Air and Radiation 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street SW, Atlanta, Georgia 30303. Mr. Bloeth can be reached via 
telephone at 404-562-9013 and via email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    EPA is proposing to approve Georgia's state plan for HMIWI 
facilities and designated pollutants developed under

[[Page 16177]]

sections 111(d) and 129 of the Clean Air Act (CAA) submitted on August 
1, 2018, with updates and revisions dated December 19, 2018, and 
submitted to EPA on January 7, 2019. Georgia's state plan 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.
    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 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.
    Section 129 of the CAA directs the Administrator to establish 
performance standards and EGs under section 111(d) of the Act limiting 
emissions of nine air pollutants (particulate matter, carbon monoxide, 
dioxins/furans, sulfur dioxide, nitrogen oxides, hydrogen chloride, 
lead, mercury, and cadmium) from four categories of solid waste 
incineration units: Municipal solid waste; hospital/medical/infectious 
solid waste; commercial and industrial solid waste; and other solid 
waste.
    Section 129 mandates that all plan requirements be at least as 
protective and restrictive as the promulgated EG. 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 EG and compliance times. Each state plan 
submittal must comply with the procedures for plan adoption and 
submittal codified at 40 CFR part 60, subpart B.
    On September 15, 1997, EPA promulgated new source performance 
standards (NSPS) and EG to reduce air pollution from HMIWI units, which 
are codified at 40 CFR part 60, subparts Ec and Ce, respectively (See 
65 FR 75338). A HMIWI unit as defined in 40 CFR 60.51c is any device 
that combusts any amount of hospital waste and/or medical/infectious 
waste.
    On September 15, 1998, Georgia originally submitted a section 
111(d) state plan for HMIWI which was approved by EPA on February 25, 
2000. See 65 FR 10022. This 1998 submission implemented the 40 CFR 
Subpart Ce EG for existing HMIWI, which were promulgated through a 
September 15, 1997 rulemaking. See 62 FR 48348. The EG applied to 
existing HMIWI that commenced construction on or before June 20, 1996. 
Georgia has adopted the EG requirements into the Georgia Rule for Air 
Quality Control, Chapter 391-3-1-.02(2)(iii)--Hospital/Medical/
Infectious Waste Incinerators and sections 2.117.2, 2.117.3, and 
2.117.4 of the Georgia Department of Natural Resources' Procedures for 
Testing and Monitoring Sources of Air Pollutants (``PTM''). The most 
recent EG requirements incorporated in Georgia Rule for Air Quality 
Control, Chapter 391-3-1-.02(2)(iii) became state effective on March 
28, 2018. The same EG requirements incorporated in the PTM became state 
effective on February 1, 2018.
    On October 6, 2009, in accordance with sections 111 and 129 of the 
Act, EPA promulgated revised HMIWI EG and compliance schedules for the 
control of emissions from HMIWI units. See 74 FR 51368. EPA codified 
these revised EG at 40 CFR part 60, subpart Ce. EPA amended the NSPS 
and EG on April 4, 2011 (76 FR 18407), and again on May 13, 2013 (78 FR 
28051). Under section 129(b)(2) of the Act and the revised EG at 
subpart Ce, states with subject sources must submit to EPA plans that 
implement the revised EG.
    On April 4, 2011 (76 FR 18407), and May 13, 2013 (78 FR 28051), EPA 
promulgated amendments 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 exemption. GAEPD submitted an updated state plan on August 
1, 2018 and submitted a supplement on January 7, 2019, to address the 
above revisions promulgated by EPA.

II. Review of Georgia's HMIWI State Plan Submittal

    Georgia submitted a state plan to implement and enforce the EG for 
existing HMIWI units in the state \1\ on August 1, 2018, with a 
supplemental submission to EPA on January 7, 2019. Georgia adopted the 
EG requirements into the Georgia Rule for Air Quality Control, Chapter 
391-3-1-.02(2)(iii)--Hospital/Medical/Infectious Waste Incinerators, 
and sections 2.117.2, 2.117.3, and 2.117.4 of the Georgia Department of 
Natural Resources' PTM.
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    \1\ The submitted state plan does not apply in Indian country 
located in the state.
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    EPA has reviewed the revised plan for existing HMIWI units in the 
context of the requirements of 40 CFR part 60, subparts B and Ce. State 
plans must include the following nine essential elements: 
Identification of legal authority; identification of mechanism for 
implementation; inventory of affected facilities; emissions inventory; 
emission limits; compliance schedules; testing, monitoring, 
recordkeeping, and reporting; public hearing records; and, annual state 
progress reports on plan enforcement. For the reasons explained below, 
EPA is proposing to approve GA's HMIWI state plan as consistent with 
those requirements.

A. Demonstration of Legal Authority

    Under 40 CFR 60.26, an approvable state plan must demonstrate that 
the State has legal authority to adopt and implement the EG's emission 
standards and compliance schedule. In its submittal, Georgia cites the 
State Attorney General's opinion from November 1, 1993, and 
supplemental letter from November 10, 1994, demonstrating that 
Georgia's Environmental Protection Division has adequate authority to 
issue operating permits to all regulated sources for all regulated 
pollutants, including any pollutant regulated under sections 111, 112, 
and 129 standards.\2\ Georgia also notes that it has amended Georgia 
Rule 391-3-1-.02(2)(iii)--Hospital/Medical/Infectious Waste 
Incinerators Constructed on or Before June 20, 1996 to implement and 
enforce its air quality program. EPA has reviewed the cited authorities 
and has preliminarily concluded that the State has adequately 
demonstrated legal authority to implement and enforce the HMIWI state 
plan in Georgia.
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    \2\ This memorandum and supporting documentation are included in 
the docket.
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B. Identification of Enforceable State Mechanisms for Implementing the 
Plan

    Under 40 CFR 60.24(a), a state plan must include emission 
standards, defined at 40 CFR 60.21(f) as ``a legally enforceable 
regulation setting forth an allowable rate of emissions into the 
atmosphere, or prescribing equipment specifications for control of air 
pollution emissions.'' Georgia has adopted enforceable emission 
standards for affected HMIWI units at Georgia Rule 391-3-
1-.02(2)(iii)--Hospital/Medical/Infectious Waste Incinerators 
Constructed on or Before June 20, 1996, and sections 2.117.2, 2.117.3, 
and 2.117.4 of the Georgia Department of

[[Page 16178]]

Natural Resources' PTM. EPA has preliminarily concluded that these 
provisions meets the emission standard requirement under 40 CFR 
60.24(a).

C. Inventory of Affected Units

    Under 40 CFR 60.25(a), a state plan must include a complete source 
inventory of all HMIWI units. Georgia has submitted an inventory of all 
affected units within the State. Omission from this inventory of HMIWI 
units does not exempt an affected facility from the applicable section 
111(d)/129 requirements. EPA has preliminarily concluded that Georgia 
has met the affected unit inventory requirements under 40 CFR 60.25(a).

D. Inventory of Emissions From Affected HMIWI Units

    Under 40 CFR 60.25(a), a state plan must include an emissions 
inventory of the pollutants regulated by the EG. Emissions from HMIWI 
units may contain cadmium, carbon monoxide, dioxins/furans, hydrogen 
chloride, lead, mercury, nitrogen oxides, particulate matter, and 
sulfur dioxide. Georgia submitted an emissions inventory for HMIWI 
units as part of its state plan. This emissions inventory contains 
HMIWI unit emissions rates for each regulated pollutant. EPA has 
preliminarily concluded that Georgia has met the emission inventory 
requirements of 40 CFR 60.25(a).

E. Emission Limitations, Operator Training and Qualification, and Waste 
Management Plan for HMIWI Units

    Under 40 CFR 60.24(a) and (c), the state plan must include emission 
standards that are no less stringent than the EG. Georgia requires 
affected units to comply with the emission limits in 40 CFR part 60, 
subpart Ce at Rule 391-3-1-.02(2)(iii)4.(ii). As noted above, EPA has 
preliminarily concluded that Georgia's state plan includes enforceable 
emission limitations at Georgia Rule 391-3-1-.02(2)(iii)--Hospital/
Medical/Infectious Waste Incinerators and sections 2.117.2, 2.117.3, 
and 2.117.4 of the Georgia Department of Natural Resources' PTM.
    40 CFR 60.34e also requires a state plan to include operator 
training and qualification requirements that are at least as protective 
as the NSPS requirements at 40 CFR 60.53c. 40 CFR 60.35e requires a 
state plan to include waste management plan requirement that are at 
least as protective as the NSPS requirements at 40 CFR 60.55c. 
Georgia's state plan incorporates the training and waste management 
requirements from the NSPS by reference into its state regulations at 
Rule 391-3-1-.02(2)(iii)4. Thus, EPA has preliminarily concluded that 
Georgia's state plan satisfies the requirements of 40 CFR 60.24(a), 
60.24(c), 60.34e, and 60.35e.

F. Compliance Schedules

    Under 40 CFR 60.24(a), (c), and (e), each state plan must include a 
compliance schedule, which requires affected HMIWI units to 
expeditiously comply with the state plan requirements. EPA has the 
authority to approve compliance schedule requirements that deviate from 
those imposed under the EG, so long as those are at least as protective 
as the EG. In its state plan submittal, Georgia notes that any affected 
source within the State was required--in the absence of an approved 
state plan--to comply with the Federal plan requirements no later than 
October 6, 2014. Because the affected sources are thus already in 
compliance with the EG requirements, Georgia has not included a 
compliance schedule in its state plan. In these circumstances, EPA has 
preliminarily concluded that Georgia's state plan satisfies the 
requirements of 40 CFR 60.24(a), (c), and (e).

G. Testing, Monitoring, Recordkeeping, and Reporting Requirements

    Under 40 CFR 60.24(b)(2) and 60.25(b), an approvable state plan 
must require that sources conduct testing, monitoring, recordkeeping, 
and reporting. The EG further specifies that affected HMIWI units must 
comply with the following: The test methods and procedures at 40 CFR 
60.37e(a) through (c); the monitoring requirements at 40 CFR 60.37e(d); 
and, the recordkeeping and reporting requirements at 40 CFR 60.38e.
    Georgia's state plan codifies relevant requirements in section 
2.117 of the PTM. Specifically, the PTM specifies applicable: 
Performance testing requirements at section 2.117.2; monitoring 
requirements at section 2.117.3; and, recordkeeping and reporting 
requirements at section 2.117.4. EPA has reviewed these provisions and 
has preliminarily concluded they are at least as stringent as the EG's 
testing, monitoring, recordkeeping, and reporting requirements. 
Accordingly, EPA has preliminarily concluded that Georgia's HMIWI plan 
satisfies the requirements of 40 CFR 60.24(b)(2) and 60.25(b).

H. A Record of Public Hearing on the State Plan Revision

    40 CFR 60.23 sets forth the public participation requirements for 
each state plan. The State must conduct a public hearing; make all 
relevant plan materials available to the public prior to the hearing; 
and, provide notice of such hearing to the public, the Administrator of 
EPA, each local air pollution control agency, and, in the case of an 
interstate region, each state within the region. 40 CFR 60.23(f)(1) 
requires each state plan include certification that the hearing was 
held, a list of witnesses and their organizational affiliations, if 
any, appearing at the hearing, and a brief written summary of each 
presentation or written submission.
    As part of its state plan submittal, Georgia provided a notice of 
the state plan revisions that was submitted to all required parties on 
August 1, 2018. In addition, on January 7, 2019, Georgia submitted a 
certification dated December 6, 2018 for a public hearing on the state 
plan, which was held September 6, 2018. In this proposed action, EPA 
has preliminarily concluded that these materials satisfy the public 
participation requirements at 40 CFR 60.23.

I. Annual State Progress Reports to EPA

    Under 40 CFR 60.25(e) and (f), the State must provide in its state 
plan for annual reports to EPA on progress in enforcement of the plan. 
Accordingly, Georgia provides in its plan that it will submit reports 
on progress in plan enforcement to EPA on an annual (calendar year) 
basis, commencing with the first full reporting period after EPA's 
state plan approval. EPA has preliminarily concluded that Georgia's 
HMIWI plan satisfies the requirements of 40 CFR 60.25(e) and (f).

III. Incorporation by Reference

    In this action, EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with the requirements of 1 CFR 51.5, EPA is proposing to incorporate by 
reference Georgia Rule 391-3-1-.02(2)(iii), ``Hospital/Infectious Waste 
Incinerators Constructed on or Before June 20, 1996,'' state effective 
July 23, 2018. This state rule was amended to make it current with the 
newly updated HMIWI emissions guidelines as well as include the 
following additional changes: An updated definition of a HMIWI unit to 
include units that commenced construction on or before December 1, 2008 
or that were modified on or before April 6, 2010; additional testing 
and compliance requirements for NOX and SO2; more 
stringent emissions limits for facilities built after June 20, 1996 but 
no later than December 1, 2008; and a state rule name change to reflect 
the aforementioned amendments.

[[Page 16179]]

    EPA is also proposing to incorporate by reference Georgia 
Procedures for Testing and Monitoring (PTM) Sources of Air Pollutants 
section 2.117, state effective July 23, 2018. Georgia's state rule 
adopts the HMIWI EG by reference, with the exception of some 
requirements primarily related to operating limits, performance 
testing, monitoring, demonstration of initial and continuous 
compliance, and reporting and recordkeeping. These excepted 
requirements are being addressed by revisions to Georgia's PTM Sources 
of Air Pollutants in the following sections: Performance testing and 
compliance requirements in Section 2.117.2, monitoring requirements in 
Section 2.117.3, and reporting and recordkeeping requirements in 
Section 2.117.4 of Georgia's PTM. EPA has made, and will continue to 
make, these materials generally available through www.regulations.gov 
and at the EPA Region 4 office (please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section of this preamble for more 
information).

IV. Proposed Action

    Pursuant to CAA section 111(d), CAA section 129, and 40 CFR part 
60, subparts B and Ce, EPA is proposing to approve Georgia's state plan 
for regulation of HMIWI units as submitted on August 1, 2018 and 
supplemented on January 7, 2019. In addition, EPA is proposing to amend 
40 CFR part 62, subpart L--Georgia--Air Emissions From Hospital/
Medical/Infectious Waste Incinerators to reflect this proposed action.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a 111(d)/
129 plan submission that complies with the provisions of the CAA and 
applicable Federal regulations. In reviewing 111(d)/129 plan 
submissions, EPA's role is to approve state choices, provided they meet 
the criteria and objectives of the CAA and EPA's implementing 
regulations. Accordingly, this action merely proposes to approve state 
law as meeting Federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed 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).
    In addition, this rulemaking 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. It also 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). And it does not have Tribal 
implications as specified by Executive Order 13175 (65 FR 67249, 
November 9, 2000), because EPA is not proposing to approve the 
submitted plan to apply in Indian country located in the state, and 
because the submitted plan will not impose substantial direct costs on 
Tribal governments or preempt Tribal law.

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Administrative 
practice and procedure, Hospital, medical, and infectious waste 
incineration units, Incorporation by reference, Intergovernmental 
relations, Reporting and recordkeeping requirements, Sulfur oxides, 
Waste treatment and disposal.

    Authority:  42 U.S.C. 7411.

    Dated: March 16, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-06080 Filed 3-25-21; 8:45 am]
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