[Federal Register Volume 89, Number 149 (Friday, August 2, 2024)]
[Rules and Regulations]
[Pages 63099-63101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16952]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R10-OAR-2023-0553; FRL-11570-01-R10]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; State of Idaho; Delegation of Authority, 
Federal Plan for Existing Hospital/Medical/Infectious Waste 
Incinerators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving the 
State of Idaho's request to implement and enforce the Federal Plan 
Requirements for Hospital/Medical/Infectious Waste Incinerators (HMIWI) 
Constructed on or before December 1, 2008 (the Federal Plan). The 
Federal Plan establishes emission limits, monitoring, and other 
requirements for certain existing HMIWI units. The EPA and the Idaho 
Department of Environmental Quality (IDEQ) entered into a Memorandum of 
Agreement (MOA), effective November 7, 2014, documenting the policies, 
responsibilities, and procedures the IDEQ will follow, as well as the 
authorities retained by the EPA.

DATES: This final rule is effective on September 3, 2024.

ADDRESSES: The EPA has established a docket for this action, identified 
by Docket ID No. EPA-R10-OAR-2023-0553 at https://www.regulations.gov. 
All documents cited in this rule or used by the EPA in its analysis of 
this rulemaking (with the exception of documents containing 
confidential business information and documents generally available to 
the public), including the IDEQ's submittal are accessible through the 
docket. If alternative means of reviewing the documents is required, 
please contact the person identified in the FOR FURTHER INFORMATION 
CONTACT section for additional availability information.

FOR FURTHER INFORMATION CONTACT: Bryan Holtrop, Air and Radiation 
Division, EPA, Region 10, 1200 Sixth Avenue, Suite 155, M/S 15-H13, 
Seattle, WA 98101-3144, telephone number: (206) 553-4473, email 
address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Section 129 of the Clean Air Act (the ``CAA'' or ``Act''), titled 
``Solid Waste Combustion,'' requires the EPA to develop and adopt 
standards for solid waste incineration units pursuant to sections 
111(d) and 129 of the Act. The EPA promulgated revisions to the 
emissions guidelines (EG) for HMIWI units on April 4, 2011 (76 FR 
18407), and May 13, 2013 (78 FR 28052), as amended by a correction 
published on September 6, 2013 (78 FR 54766). Codified at 40 CFR part 
60, subpart Ce, this final rule sets limits for nine pollutants under 
section 129 of the CAA: Cadmium (Cd), carbon monoxide (CO), hydrogen 
chloride (HCL), lead (Pb), mercury (Hg), nitrogen oxides 
(NOX), particulate matter (PM), dioxins/furans, and sulfur 
dioxide (SO2). The EG apply to existing HMIWI units, which 
are those units that commenced construction on or before December 1, 
2008, or that commenced modification on or before April 6, 2010 (see 40 
CFR 60.32e).
    CAA section 129 also requires each state in which HMIWI units are 
operating to submit a plan to implement and enforce the EG with respect 
to such units. State plan requirements must be ``at least as 
protective'' as the EG and become federally enforceable upon approval 
by the EPA. The procedures for adoption and submittal of state plans 
are codified in 40 CFR part 60, subpart B. For each state that does not 
submit a plan, the EPA is required to develop and implement a Federal 
Plan within two years following promulgation of the emission 
guidelines. Accordingly, the EPA promulgated the HMIWI Federal Plan on 
May 13, 2013 (78 FR 28052). The EPA implementation and enforcement of 
the Federal Plan is viewed as an interim measure until a state assumes 
its role as the preferred implementer of the emission guidelines 
requirements stipulated in the Federal Plan. In the Federal Plan 
rulemaking, the EPA strongly encouraged each state and local agency in 
a jurisdiction that did not submit an approvable state plan to request 
delegation of the HMIWI Federal Plan so that it can have the

[[Page 63100]]

primary responsibility for implementing and enforcing regulations 
affecting existing HMIWI units, consistent with the intent of section 
129 of the CAA.

II. Submittal and EPA Approval of Requests for Delegation of the 
Federal Plan

    On April 14, 2014, the IDEQ requested delegation of authority from 
the EPA to implement and enforce the Federal Plan for any existing 
HMIWI units operating within the State of Idaho, codified at 40 CFR 
part 62, subpart HHH. The delegation of authority does not apply to 
sources located in Indian country.
    The EPA evaluates requests for delegation of the HMIWI Federal Plan 
pursuant to the provisions of the HMIWI Federal Plan and the EPA's 
Delegations Manual. Pursuant to the HMIWI Federal Plan, a state may 
meet its CAA section 111(d)/129 obligations by submitting an acceptable 
written request for delegation of the Federal Plan that includes the 
following elements: (1) a demonstration of adequate resources and legal 
authority to administer and enforce the Federal Plan; (2) an inventory 
of affected HMIWI units, an inventory of emissions from affected HMIWI 
units, and provisions for state progress reports; (3) certification 
that the state held a hearing on the state delegation request; and (4) 
a commitment to enter into a MOA with the Regional Administrator that 
sets forth the terms, conditions, and effective date of the delegation 
and that serves as the mechanism for the transfer of authority (see 40 
CFR 62.14401) (78 FR 28052, May 13, 2013). The IDEQ met delegation 
requirements (1) through (3) in a letter to the EPA dated April 14, 
2014, which is included in the docket for this action, as well as 
requirement (4), which is addressed in the following paragraphs of this 
preamble.
    Pursuant to the EPA's Delegations Manual, item 7-139, 
Implementation and Enforcement of 111(d)(2) and 111(d)(2)/129(b)(3) 
Federal Plans, a copy of which is included in the docket for this 
action, the Regional Administrator is authorized to delegate authority 
to implement and enforce section 111(d)/129 Federal Plans to states. 
The requirements and limitations of a delegation agreement are set 
forth in item 7-139 of the Delegations Manual. Consistent with those 
requirements, the EPA prepared an MOA between the EPA and the IDEQ 
which defines policies, responsibilities, and procedures pursuant to 
the HMIWI Federal Plan by which the Federal Plan will be administered 
by the IDEQ. The MOA was signed by the Regional Administrator for EPA 
Region 10 on October 9, 2014. Subsequently, on November 7, 2014, the 
Director of the IDEQ signed the MOA, thus agreeing to the terms and 
conditions of the MOA and accepting responsibility for implementation 
and enforcement of the policies and procedures of the Federal Plan, 
except for certain authorities (e.g., approval of major alternatives to 
test methods or monitoring) retained by the EPA. The EPA continues to 
retain enforcement authority. The MOA, and resulting delegation of 
authority, became effective upon signature by the IDEQ Director on 
November 7, 2014. The MOA is located in the docket for this action.
    The EPA has evaluated the IDEQ submittal for consistency with the 
CAA, EPA regulations, and EPA policy. The IDEQ has met the requirements 
for obtaining delegation of authority to implement and enforce the HMWI 
Federal Plan. The IDEQ entered into a MOA with the EPA and it became 
effective on November 7, 2014. Accordingly, the EPA is codifying 
approval of the IDEQ request, dated April 14, 2014, for delegation of 
authority to implement and enforce the Federal Plan for existing HMIWI 
units. The EPA will continue to retain certain specific authorities as 
specified in the HMIWI Federal Plan and as indicated in the MOA (e.g., 
authority to approve major alternatives to test methods or monitoring, 
etc.).

III. EPA Action

    In this action, the EPA is notifying the public and is codifying 
approval of a request submitted by the IDEQ for delegation of authority 
to implement and enforce the Federal Plan for existing HMIWI units in 
Idaho, pursuant to 40 CFR part 62, subpart HHH.

IV. Good Cause Finding

    Section 553(b) of the Administrative Procedure Act (APA) requires 
publication of notice of proposed rulemaking and specifies what the 
notice shall include. See 5 U.S.C. 553(b). However, the APA provides an 
exception from this requirement ``when the agency for good cause finds 
(and incorporates the finding and a brief statement of reasons 
therefore in the rules issued) that notice and public procedure thereon 
are impracticable, unnecessary, or contrary to the public interest.'' 5 
U.S.C. 553(b)(3)(B).
    The EPA has found good cause for making this action final without 
prior proposal and opportunity for comment because this ministerial 
action merely codifies the EPA's delegation of authority to implement 
and enforce the HMIWI Federal Plan to the IDEQ. This action does not 
alter the universe of sources regulated under the Federal Plan, which 
was previously subject to the IDEQ's State plan implementing the HMIWI 
EG and is now subject to functionally identical requirements contained 
in the Federal Plan. In other words, this action does not substantively 
alter the regulatory requirements applicable to HMIWI units residing 
within the IDEQ's jurisdiction. In these circumstances, notice and 
comment procedures are unnecessary.

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator has the authority to delegate the 
authority to implement a 111(d)/129 Federal Plan that complies with the 
provisions of the CAA and applicable Federal regulations (see 40 CFR 
60.27). In reviewing 111(d)/129 Federal Plan delegation requests, the 
EPA's role is to approve state choices, provided that they meet the 
criteria of the CAA and of the EPA's implementing regulations. 
Accordingly, this action merely codifies in the Code of Federal 
Regulations the EPA's delegation of authority to implement the Federal 
Plan and does not impose additional requirements beyond those imposed 
by the already-applicable Federal Plan. 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 14094 (88 FR 21879, April 11, 2023);
     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 subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a state program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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

[[Page 63101]]

application of those requirements would be inconsistent with the Clean 
Air Act.
    In addition, the delegation of authority is not approved to apply 
on any Indian reservation land or in any other area where the 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).
    Executive Order 12898 (Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on minority populations and low-income 
populations to the greatest extent practicable and permitted by law. 
The EPA defines environmental justice (EJ) as ``the fair treatment and 
meaningful involvement of all people regardless of race, color, 
national origin, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies.'' The EPA further defines the term fair treatment to mean 
that ``no group of people should bear a disproportionate burden of 
environmental harms and risks, including those resulting from the 
negative environmental consequences of industrial, governmental, and 
commercial operations or programs and policies.''
    The IDEQ did not evaluate environmental justice considerations as 
part of its submittal; the Clean Air Act and applicable implementing 
regulations neither prohibit nor require such an evaluation. The EPA 
did not perform an EJ analysis and did not consider EJ in this action. 
Due to the nature of this action, it is expected to have a neutral to 
positive impact on the air quality of the affected area. Consideration 
of EJ is not required as part of this action, and there is no 
information in the record inconsistent with the stated goal of 
Executive Order 12898 of achieving environmental justice for people of 
color, low-income populations, and Indigenous peoples.
    This action is subject to the Congressional Review Act and the EPA 
will submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. 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 appropriate circuit by October 1, 2024. 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, Air pollution control, Intergovernmental 
relations, Reporting and recordkeeping requirements, Waste treatment 
and disposal.

    Dated: July 25, 2024.
Casey Sixkiller,
Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 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.

Subpart N--Idaho

0
2. Add an undesignated center heading immediately before Sec.  62.3110 
and revise Sec.  62.3110 to read as follows:

Air Emissions from Hospital/Medical/Infectious Waste Incinerators 
(HMIWI)--Section 111(d)/129 Plan


Sec.  62.3110   Identification of plan--Idaho Department of 
Environmental Quality.

    (a) Delegation of authority. On October 9, 2014, and November 7, 
2014, the EPA and the IDEQ, respectively, signed a Memorandum of 
Agreement (MOA) that defines policies, responsibilities, and procedures 
pursuant to subpart HHH of this part (the ``Federal Plan'') by which 
the Federal Plan will be administered by the Idaho Department of 
Environmental Quality (IDEQ).
    (b) Identification of sources. The MOA and related Federal Plan 
apply to existing hospital/medical/infectious waste incinerators for 
which construction was commenced on or before December 1, 2008, or for 
which modification was commenced on or before April 6, 2010.
    (c) Effective date of delegation. The delegation became fully 
effective on November 7, 2014, the effective date of the MOA between 
the EPA and the IDEQ.

[FR Doc. 2024-16952 Filed 8-1-24; 8:45 am]
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