[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Proposed Rules]
[Pages 2564-2565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00410]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R08-OAR-2022-0929; FRL-10462-01-R8]


Approval and Promulgation of Implementation Plans; Colorado; 
Delegation of Authority of the Federal Plan for Existing Hospital, 
Medical, Infectious Waste Incinerators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA or the ``Agency'') is 
proposing approval of a request submitted by the Colorado Department of 
Public Health and Environment (CDPHE) on June 27, 2022 for delegation 
of authority to implement and enforce Federal Plan Requirements for 
Hospital/Medical/Infectious Waste Incinerators (HMIWI) Constructed On 
or Before December 1, 2008 (the Federal Plan), within the state of 
Colorado. The Federal Plan establishes emission limits and monitoring, 
operating, and recordkeeping requirements for HMIWI units constructed 
on or before December 1, 2008, or modified on or before April 6, 2010. 
A Memorandum of Agreement (MOA) was signed on July 21, 2022 by the 
CDPHE Air Pollution Control Division Director, Michael Ogletree. This 
MOA constitutes the mechanism for the transfer of authority from the 
EPA to CDPHE. The MOA became effective upon signature by Regional 
Administrator, KC Becker, on August 8, 2022. The MOA delineates 
policies, responsibilities, and procedures by which the Federal plan 
will be administered and enforced by the CDPHE, as well as the 
authorities retained by EPA. The MOA and the request letter are 
included in the docket for this action. Accordingly, EPA is proposing 
to approve CDPHE's submittal in accordance with the Clean Air Act 
(CAA).

DATES: Written comments must be received on or before February 16, 
2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2022-0929, to the Federal Rulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
www.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://www.epa.gov/dockets/commenting-epa-dockets.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available electronically in 
www.regulations.gov. To reduce the risk of COVID-19 transmission, for 
this action we do not plan to offer hard copy review of the docket. 
Please email or call the person listed in the FOR FURTHER INFORMATION 
CONTACT section if you need to make alternative arrangements for access 
to the docket.

FOR FURTHER INFORMATION CONTACT: Allison Reibach, Air and Radiation 
Division, U.S. Environmental Protection Agency (EPA), Region 8, Mail 
Code 8P-ARD-ATRM, 1595 Wynkoop Street, Denver, Colorado 80202-1129, 
telephone number: (303) 312-6949, email address: 
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' and 
``our'' means EPA. In the Final Rules section of this Federal Register, 
EPA is approving this action as a direct final rule without prior 
proposal because the Agency views this as a noncontroversial submittal 
and anticipates no adverse comments. A detailed rationale for the 
approval is set forth in the direct final rule. If no relevant adverse 
comments are received in response to this proposed rule, no

[[Page 2565]]

further activity is contemplated. If EPA receives such comments, the 
direct final rule will be withdrawn and all public comments received 
will be addressed in a subsequent final rule based on this proposed 
rule. EPA will not institute a second comment period. Any parties 
interested in commenting on this action should do so at this time. For 
additional information, see the direct final rule which is located in 
the Final Rules section of this Federal Register.

List of Subjects in 40 CFR Part 62

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

    Authority: 42 U.S.C. 7401 et seq.

    Dated: January 5, 2023.
KC Becker,
Regional Administrator, Region 8.
[FR Doc. 2023-00410 Filed 1-13-23; 8:45 am]
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