Approval and Promulgation of Air Quality Implementation Plans; Ohio Rules to Control Emissions From Hospital, Medical, and Infectious Waste Incinerators, 36605-36607 [E7-13002]
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36605
Federal Register / Vol. 72, No. 128 / Thursday, July 5, 2007 / Rules and Regulations
2. In § 81.318, the table entitled
‘‘Kentucky-Ozone (8–Hour Standard)’’ is
amended by revising the entry for
‘‘Louisville, KY-IN’’, ‘‘Bullitt County’’,
I
PART 81—[AMENDED]
1. The authority citation for part 81
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
‘‘Jefferson County’’, and ‘‘Oldham
County’’ to read as follows:
§ 81.318
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Kentucky.
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KENTUCKY-OZONE (8-HOUR STANDARD)
Designation a
Category/classification
Designated area
Date 1
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Louisville, KY–IN:
Bullitt County ....................................................................
Jefferson County ..............................................................
Oldham County ................................................................
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Type
*
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*
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*
08/06/07
08/06/07
08/06/07
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Date 1
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Type
Attainment.
Attainment.
Attainment.
*
a Includes
1 This
*
Indian Country located in each county or area, except as otherwise specified.
date is June 15, 2004, unless otherwise noted.
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[FR Doc. E7–13003 Filed 7–3–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R05–OAR–2006–0560; FRL–8335–5]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio
Rules to Control Emissions From
Hospital, Medical, and Infectious
Waste Incinerators
Environmental Protection
Agency (EPA).
ACTION: Final rule.
jlentini on PROD1PC65 with RULES
AGENCY:
SUMMARY: The EPA is giving final
approval to a State plan submitted by
Ohio concerning criteria pollutant and
toxic emissions from Hospital, Medical
and Infectious Waste Incinerators
(HMIWI) in the State. Ohio prepared a
plan based on Clean Air Act (CAA)
sections 111(d) and 129 for existing
hospital, medical and infectious waste
incinerators and asked that it be
reviewed and approved as the State
plan. The State’s HMIWI plan sets out
requirements for affected units at least
as stringent as the EPA requirements
entitled ‘‘Emission Guidelines (EG) and
Compliance Times for Hospital/
Medical/ Infectious Waste Incinerators’’
published in the Federal Register dated
September 15, 1997. For approval, the
State plan must include requirements
for emission limits at least as protective
as those requirements stated in the
emission guideline. We are approving,
with some exceptions, items requested
in Ohio’s letter of October 18, 2005,
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15:50 Jul 03, 2007
Jkt 211001
including limits for a variety of
emissions from HMIWI units including
mercury, cadmium, lead, hydrogen
chloride, and dioxin and criteria
pollutants. The rules in the plan apply
to existing sources only, for which
construction commenced on or before
June 20, 1996. New sources constructed
after this date are covered by a Federal
new source performance standard. The
Ohio rules, contained in the plan, were
proposed on March 22, 2002, and a
public hearing was held on April 29,
2002. The rules became effective in
Ohio on March 23, 2004. EPA proposed
approval in the Federal Register on
January 10, 2007, and received no
comments on the proposal. We are
approving the Ohio plan, with several
noted exceptions, because it meets the
requirements of the EPA emission
guideline affecting hospital incinerators.
This final rule is effective on
August 6, 2007.
DATES:
EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2006–0560. All
documents in the docket are listed on
the www.regulations.gov Web site.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from
ADDRESSES:
PO 00000
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Fmt 4700
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8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays. We
recommend that you telephone John
Paskevicz, Engineer, at (312) 886–6084
before visiting the Region 5 office.
John
Paskevicz, Engineer, Criteria Pollutant
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 886–6084,
paskevicz.john@epa.gov.
FOR FURTHER INFORMATION CONTACT:
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 action is being taken by EPA?
II. The HMIWI State Plan Requirement
III. What does the Ohio plan contain?
IV. Is my HMIWI subject to these regulations?
V. Why is the Ohio HMIWI plan approvable?
VI. Statutory and Executive Order Reviews
I. What action is being taken by EPA?
We are approving selected portions of
the Ohio plan to control the air
emissions from HMIWI units in the
State. Our approval is based on EPA’s
review of the Ohio plan compared to the
EPA Emission Guideline (EG) document
dated September 15, 1997, 40 CFR part
60, subpart Ce (Emission Guidelines and
Compliance Times for HMIWIs, see 62
FR 48348–48391). As noted in our
proposed rule approval, (72 FR 1197,
dated January 10, 2007) we are not
taking action on the following portions
of the Ohio Rule 3745–75–02(I)(1)
(arsenic), –02(I)(2) (beryllium), –02(I)(4)
(chromium), and –02(I)(7) (nickel)
because these pollutants and the
emission limits noted in the State rule
for these pollutants are not part of the
EPA emission guideline document. EPA
E:\FR\FM\05JYR1.SGM
05JYR1
36606
Federal Register / Vol. 72, No. 128 / Thursday, July 5, 2007 / Rules and Regulations
approves all other items requested in
the Ohio letter of October 18, 2005.
jlentini on PROD1PC65 with RULES
II. The HMIWI State Plan Requirement
A HMIWI plan is a plan to control air
pollutant emissions from existing
incinerators which burn hospital waste
or medical or infectious waste.
States were required under section
111(d) and 129 of the CAA to submit
State plans to control emissions from
existing HMIWI units. The requirement
for a State plan was triggered when EPA
published the EG for HMIWI under 40
CFR part 60, subpart Ce (62 FR 48348,
September 15, 1997). The State plan is
required to reduce several types of air
pollutants associated with waste
incineration.
The State plan includes control
requirements which will reduce
emissions of criteria pollutants
including: particulate matter, sulfur
dioxide, carbon monoxide, and nitrogen
oxides. The approved plan will also
control the emissions of toxic pollutants
including: hydrogen chloride, lead,
cadmium, mercury, and dioxin/furans.
All of these pollutants cause adverse
effects to public health and the
environment. Dioxin, lead, and mercury
bio-accumulate through the food chain.
Serious developmental and adult effects
in humans, primarily damage to the
nervous system, have been associated
with exposures to mercury. Exposure to
dioxin and furans can cause skin
disorders, cancer, and reproductive
effects such as endometriosis. Dioxin
and furans can also affect the immune
system. Acid gases affect the respiratory
tract, as well as contribute to the acid
rain that damages lakes and harms
agriculture and forests and man-made
structures. Particulate matter has been
linked with adverse health effects,
including aggravation of existing
respiratory and cardiovascular disease
and increased risk of premature death.
Nitrogen oxide emissions contribute to
the formation of acid rain and ground
level ozone, which is associated with a
number of adverse health and
environmental effects.
III. What does the Ohio plan contain?
The Ohio Plan contains:
1. A demonstration of the State’s legal
authority to implement the section
111(d)/129 State Plan;
2. State rule, known as OAC 3745–75,
as the enforceable mechanism;
3. An inventory of known active and
exempt facilities, along with estimates
of their potential air emissions;
4. Emission limits that are as
protective as the EG;
5. A compliance date accomplished
under the Federal Plan;
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15:50 Jul 03, 2007
Jkt 211001
6. Testing, monitoring, reporting and
recordkeeping requirements for the
designated facilities;
7. Records from the public hearing on
the State Plan; and,
8. Provisions for progress reports to
EPA.
IV. Is my HMIWI subject to these
regulations?
If your HMIWI as defined by Ohio is
presently in operation and you rely on
it to get rid of your hospital, medical
and infectious waste and it was built on
or before June 20, 1996, then it is subject
to the State’s regulation.
V. Why is the Ohio HMIWI plan
approvable?
We compared the Ohio rules to the
EPA’s EG for HMIWI and found the
Ohio rules matching very closely with
the EPA EG with one exception. The
exception is the Ohio rules also cover
additional toxic pollutants including
arsenic, beryllium, chromium, and
nickel. These additional toxic pollutants
are not part of the HMIWI EG and EPA
is not including these pollutants in
today’s approved rule.
VI. Statutory and Executive Order
Reviews
Executive Order 12866: Regulatory
Planning and Review
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget.
Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
Because it is not a ‘‘significant
regulatory action’’ under Executive
Order 12866 or a ‘‘significant regulatory
action,’’ this action is also not subject to
Executive Order 13211, (Actions
Concerning Regulations That
Significantly ‘‘Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001).
Regulatory Flexibility Act
This action merely approves state law
as meeting federal requirements and
imposes no additional requirements
beyond those imposed by state law.
Accordingly, the Administrator certifies
that this rule will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.).
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Unfunded Mandates Reform Act
Because this rule approves preexisting requirements under state law
and does not impose any additional
enforceable duty beyond that required
by state law, it 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).
Executive Order 13175: Consultation
and Coordination with Indian Tribal
Governments
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).
Executive Order 13132: Federalism
This action also does not have
Federalism implications because it does
not have substantial direct effects on the
states, on the relationship between the
national government and the states, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves a state rule implementing a
federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
CAA.
Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
This rule also is not subject to
Executive Order 13045 ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant.
National Technology Transfer
Advancement Act
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the CAA. In this context, in the absence
of a prior existing requirement for the
state to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the CAA. Thus, the requirements of
section 12(d) of the National
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05JYR1
Federal Register / Vol. 72, No. 128 / Thursday, July 5, 2007 / Rules and Regulations
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply.
Paperwork Reduction Act
This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under Section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 4, 2007. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule 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,
Administrative practice and procedure,
Air pollution control, Waste treatment
and disposal, Intergovernmental
relations, Reporting and recordkeeping
requirements.
Dated: June 25, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble,
part 62, chapter I, of title 40 of the Code
of Federal Regulations is amended as
follows:
jlentini on PROD1PC65 with RULES
I
PART 62—[AMENDED]
1. The authority citation for part 62
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
VerDate Aug<31>2005
15:50 Jul 03, 2007
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36607
Substance Pollution Contingency Plan
(NCP). This direct final partial deletion
I 2. Subpart KK is amended by adding
is being published by EPA with the
an undesignated center heading and
concurrence of the State of Colorado,
§ 62.8880 to read as follows:
through the Colorado Department of
Public Health and the Environment
*
*
*
*
*
because EPA has determined that all
Emissions From Hospital, Medical, and appropriate response actions, under
Infectious Waste Incinerators (HMIWI)
CERCLA, for the approximate 7 acres
have been completed and, therefore,
§ 62.8880 Identification of plan.
further remedial action pursuant to
(a) Identification of plan. Ohio rules
CERCLA is not appropriate.
to Control Emissions from Hospital,
DATES: This direct final deletion will be
Medical, and Infectious Waste
effective September 4, 2007. If adverse
Incinerators (HMIWI), submitted by the
comments are received by August 6,
Ohio EPA on October 18, 2005. Rules
2007, EPA will publish a timely
3745–75–01, 3745–75–02, 3745–75–03,
3745–75–04, 3745–75–05, and 3745–75– withdrawal of the direct final deletion
in the Federal Register informing the
06 of the Ohio Administrative Code,
public that the deletion will not take
effective in the state March 23, 2004,
effect.
with the exception of rules 3745–75–
02(I)(1), 3745–75–02(I)(2), 3745–75–
ADDRESSES: Comments may be mailed
02(I)(4), and 3745–75–02(I)(7).
to: Rebecca Thomas, Project Manager,
(b) Identification of sources. The plan 8EPR–SR, thomas.rebecca@epa.gov,
applies to existing hospital/medical/
U.S. EPA, Region 8, 1595 Wynkoop,
infectious waste incinerators for which
Denver, Colorado 80202–1129, (303)
construction, reconstruction, or
312–6552 or 1–800–227–8917,
modification was commenced on or
extension 6552.
before June 20, 1996, as described in 40
INFORMATION REPOSITORIES:
CFR part 60, subpart Ce.
Comprehensive information about the
(c) Effective date. The effective date of Site is available for viewing and copying
the plan is August 6, 2007.
at the Site information repository
located at U.S. EPA Region 8 Records
[FR Doc. E7–13002 Filed 7–3–07; 8:45 am]
Center, 1595 Wynkoop, Denver,
BILLING CODE 6560–50–P
Colorado 80202–1129, (303) 312–6473,
hours of operation M–F 8 a.m. to 4 p.m.,
ENVIRONMENTAL PROTECTION
or at the Colorado Department of Public
AGENCY
Health and the Environment, Records
Center, Building B, Second Floor, 4300
40 CFR Part 300
Cherry Creek Drive South, Denver, CO
[EPA–HQ–SFUND–1986–0005; FRL–8335–9] 80246–1530, hours of operation M–F 8
a.m. to 5 p.m.
National Oil and Hazardous Substance FOR FURTHER INFORMATION CONTACT:
Pollution Contingency Plan National
Rebecca Thomas, Project Manager,
Priorities List
8EPR–SR, thomas.rebecca@epa.gov,
U.S. EPA, Region 8, 1595 Wynkoop,
AGENCY: Environmental Protection
Denver, Colorado 80202–1129, (303)
Agency.
312–6552 or toll free 1–800–227–8917,
ACTION: Direct final notice of partial
extension 6552.
deletion of the Uravan Superfund Site
SUPPLEMENTARY INFORMATION:
from the National Priorities List.
Subpart KK—Ohio
The Environmental Protection
Agency (EPA) Region 8 is publishing a
direct final notice of partial deletion of
approximately 7 acres within the
Uravan Superfund Site (Site), located in
Montrose County, Colorado, from the
National Priorities List (NPL). The
acerage comprises a one mile section of
Colorado State Highway 141 between
mile posts 75 and 76.
The NPL, promulgated pursuant to
section 105 of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) of 1980, as amended, is
appendix B of 40 CFR part 300, which
is the National Oil and Hazardous
SUMMARY:
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Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
EPA Region 8 is publishing this direct
final notice of partial deletion of
approximately 7 acres within the
Uravan Superfund Site from the
National Priorities List.
The EPA identifies sites that appear to
present a significant risk to public
health or the environment and
maintains the NPL as the list of those
sites. As described in § 300.425(e)(3) of
E:\FR\FM\05JYR1.SGM
05JYR1
]]>Agencies
[Federal Register Volume 72, Number 128 (Thursday, July 5, 2007)]
[Rules and Regulations]
[Pages 36605-36607]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-13002]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R05-OAR-2006-0560; FRL-8335-5]
Approval and Promulgation of Air Quality Implementation Plans;
Ohio Rules to Control Emissions From Hospital, Medical, and Infectious
Waste Incinerators
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The EPA is giving final approval to a State plan submitted by
Ohio concerning criteria pollutant and toxic emissions from Hospital,
Medical and Infectious Waste Incinerators (HMIWI) in the State. Ohio
prepared a plan based on Clean Air Act (CAA) sections 111(d) and 129
for existing hospital, medical and infectious waste incinerators and
asked that it be reviewed and approved as the State plan. The State's
HMIWI plan sets out requirements for affected units at least as
stringent as the EPA requirements entitled ``Emission Guidelines (EG)
and Compliance Times for Hospital/Medical/ Infectious Waste
Incinerators'' published in the Federal Register dated September 15,
1997. For approval, the State plan must include requirements for
emission limits at least as protective as those requirements stated in
the emission guideline. We are approving, with some exceptions, items
requested in Ohio's letter of October 18, 2005, including limits for a
variety of emissions from HMIWI units including mercury, cadmium, lead,
hydrogen chloride, and dioxin and criteria pollutants. The rules in the
plan apply to existing sources only, for which construction commenced
on or before June 20, 1996. New sources constructed after this date are
covered by a Federal new source performance standard. The Ohio rules,
contained in the plan, were proposed on March 22, 2002, and a public
hearing was held on April 29, 2002. The rules became effective in Ohio
on March 23, 2004. EPA proposed approval in the Federal Register on
January 10, 2007, and received no comments on the proposal. We are
approving the Ohio plan, with several noted exceptions, because it
meets the requirements of the EPA emission guideline affecting hospital
incinerators.
DATES: This final rule is effective on August 6, 2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R05-OAR-2006-0560. All documents in the docket are listed on
the www.regulations.gov Web site. Although listed in the index, some
information is not publicly available, i.e., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the Internet and will be publicly available only in hard
copy form. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the
Environmental Protection Agency, Region 5, Air and Radiation Division,
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
Federal holidays. We recommend that you telephone John Paskevicz,
Engineer, at (312) 886-6084 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: John Paskevicz, Engineer, Criteria
Pollutant Section, Air Programs Branch (AR-18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604, (312) 886-6084, paskevicz.john@epa.gov.
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 action is being taken by EPA?
II. The HMIWI State Plan Requirement
III. What does the Ohio plan contain?
IV. Is my HMIWI subject to these regulations?
V. Why is the Ohio HMIWI plan approvable?
VI. Statutory and Executive Order Reviews
I. What action is being taken by EPA?
We are approving selected portions of the Ohio plan to control the
air emissions from HMIWI units in the State. Our approval is based on
EPA's review of the Ohio plan compared to the EPA Emission Guideline
(EG) document dated September 15, 1997, 40 CFR part 60, subpart Ce
(Emission Guidelines and Compliance Times for HMIWIs, see 62 FR 48348-
48391). As noted in our proposed rule approval, (72 FR 1197, dated
January 10, 2007) we are not taking action on the following portions of
the Ohio Rule 3745-75-02(I)(1) (arsenic), -02(I)(2) (beryllium), -
02(I)(4) (chromium), and -02(I)(7) (nickel) because these pollutants
and the emission limits noted in the State rule for these pollutants
are not part of the EPA emission guideline document. EPA
[[Page 36606]]
approves all other items requested in the Ohio letter of October 18,
2005.
II. The HMIWI State Plan Requirement
A HMIWI plan is a plan to control air pollutant emissions from
existing incinerators which burn hospital waste or medical or
infectious waste.
States were required under section 111(d) and 129 of the CAA to
submit State plans to control emissions from existing HMIWI units. The
requirement for a State plan was triggered when EPA published the EG
for HMIWI under 40 CFR part 60, subpart Ce (62 FR 48348, September 15,
1997). The State plan is required to reduce several types of air
pollutants associated with waste incineration.
The State plan includes control requirements which will reduce
emissions of criteria pollutants including: particulate matter, sulfur
dioxide, carbon monoxide, and nitrogen oxides. The approved plan will
also control the emissions of toxic pollutants including: hydrogen
chloride, lead, cadmium, mercury, and dioxin/furans. All of these
pollutants cause adverse effects to public health and the environment.
Dioxin, lead, and mercury bio-accumulate through the food chain.
Serious developmental and adult effects in humans, primarily damage to
the nervous system, have been associated with exposures to mercury.
Exposure to dioxin and furans can cause skin disorders, cancer, and
reproductive effects such as endometriosis. Dioxin and furans can also
affect the immune system. Acid gases affect the respiratory tract, as
well as contribute to the acid rain that damages lakes and harms
agriculture and forests and man-made structures. Particulate matter has
been linked with adverse health effects, including aggravation of
existing respiratory and cardiovascular disease and increased risk of
premature death. Nitrogen oxide emissions contribute to the formation
of acid rain and ground level ozone, which is associated with a number
of adverse health and environmental effects.
III. What does the Ohio plan contain?
The Ohio Plan contains:
1. A demonstration of the State's legal authority to implement the
section 111(d)/129 State Plan;
2. State rule, known as OAC 3745-75, as the enforceable mechanism;
3. An inventory of known active and exempt facilities, along with
estimates of their potential air emissions;
4. Emission limits that are as protective as the EG;
5. A compliance date accomplished under the Federal Plan;
6. Testing, monitoring, reporting and recordkeeping requirements
for the designated facilities;
7. Records from the public hearing on the State Plan; and,
8. Provisions for progress reports to EPA.
IV. Is my HMIWI subject to these regulations?
If your HMIWI as defined by Ohio is presently in operation and you
rely on it to get rid of your hospital, medical and infectious waste
and it was built on or before June 20, 1996, then it is subject to the
State's regulation.
V. Why is the Ohio HMIWI plan approvable?
We compared the Ohio rules to the EPA's EG for HMIWI and found the
Ohio rules matching very closely with the EPA EG with one exception.
The exception is the Ohio rules also cover additional toxic pollutants
including arsenic, beryllium, chromium, and nickel. These additional
toxic pollutants are not part of the HMIWI EG and EPA is not including
these pollutants in today's approved rule.
VI. Statutory and Executive Order Reviews
Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget.
Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Because it is not a ``significant regulatory action'' under
Executive Order 12866 or a ``significant regulatory action,'' this
action is also not subject to Executive Order 13211, (Actions
Concerning Regulations That Significantly ``Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001).
Regulatory Flexibility Act
This action merely approves state law as meeting federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
Unfunded Mandates Reform Act
Because this rule approves pre-existing requirements under state
law and does not impose any additional enforceable duty beyond that
required by state law, it 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).
Executive Order 13175: Consultation and Coordination with Indian Tribal
Governments
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).
Executive Order 13132: Federalism
This action also does not have Federalism implications because it
does not have substantial direct effects on the states, on the
relationship between the national government and the states, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132 (64 FR 43255, August
10, 1999). This action merely approves a state rule implementing a
federal standard, and does not alter the relationship or the
distribution of power and responsibilities established in the CAA.
Executive Order 13045: Protection of Children From Environmental Health
and Safety Risks
This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not economically significant.
National Technology Transfer Advancement Act
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the CAA. In this
context, in the absence of a prior existing requirement for the state
to use voluntary consensus standards (VCS), EPA has no authority to
disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. Thus, the requirements of section
12(d) of the National
[[Page 36607]]
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply.
Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under Section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 4, 2007. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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, Administrative practice and procedure,
Air pollution control, Waste treatment and disposal, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: June 25, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.
0
For the reasons stated in the preamble, part 62, chapter I, of title 40
of the Code of Federal Regulations is amended as follows:
PART 62--[AMENDED]
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart KK--Ohio
0
2. Subpart KK is amended by adding an undesignated center heading and
Sec. 62.8880 to read as follows:
* * * * *
Emissions From Hospital, Medical, and Infectious Waste Incinerators
(HMIWI)
Sec. 62.8880 Identification of plan.
(a) Identification of plan. Ohio rules to Control Emissions from
Hospital, Medical, and Infectious Waste Incinerators (HMIWI), submitted
by the Ohio EPA on October 18, 2005. Rules 3745-75-01, 3745-75-02,
3745-75-03, 3745-75-04, 3745-75-05, and 3745-75-06 of the Ohio
Administrative Code, effective in the state March 23, 2004, with the
exception of rules 3745-75-02(I)(1), 3745-75-02(I)(2), 3745-75-
02(I)(4), and 3745-75-02(I)(7).
(b) Identification of sources. The plan applies to existing
hospital/medical/infectious waste incinerators for which construction,
reconstruction, or modification was commenced on or before June 20,
1996, as described in 40 CFR part 60, subpart Ce.
(c) Effective date. The effective date of the plan is August 6,
2007.
[FR Doc. E7-13002 Filed 7-3-07; 8:45 am]
BILLING CODE 6560-50-P
