Approval and Promulgation of State Plans for Designated Facilities and Pollutants; State of Florida; Control of Hospital/Medical/Infectious Waste Incinerator (HMIWI) Emissions From Existing Facilities, 80777-80780 [2011-33151]
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Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations
Variability
limits for
2012 and
2013
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Michigan ...................................................................................................................................................................
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§ 97.521
[Amended]
10. Section 97.521 is amended by:
a. In paragraph (a) add, after the words
‘‘November 7, 2011’’, the words ‘‘or,
with regard to units in Iowa, Michigan,
Missouri, Oklahoma, and Wisconsin,
March 26, 2012’’;
■ b. In paragraph (b) introductory text,
add, after the words ‘‘November 7,
2011’’, the words ‘‘or, with regard to
units in Iowa, Michigan, Missouri,
Oklahoma, and Wisconsin, March 26,
2012’’, add, after the words ‘‘October 17,
2011’’, the words ‘‘or, with regard to TR
NOX Ozone Season units in Iowa,
Michigan, Missouri, Oklahoma, and
Wisconsin, March 6, 2012’’, and add,
after the words ‘‘April 1, 2012’’, the
words ‘‘or, with regard to units in Iowa,
Michigan, Missouri, Oklahoma, and
Wisconsin, October 1, 2012’’;
■ c. In paragraph (b)(1), add, after the
words ‘‘April 1, 2012’’, the words ‘‘or,
with regard to TR NOX Ozone Season
units in Iowa, Michigan, Missouri,
Oklahoma, and Wisconsin, by October
1, 2012’’, and add, after the words
‘‘April 15, 2012’’, the words ‘‘or, with
regard to units in Iowa, Michigan,
Missouri, Oklahoma, and Wisconsin,
October 15, 2012’’;
■ d. In paragraph (b)(2), add, after the
words ‘‘April 1, 2012’’, the words ‘‘or,
with regard to units in Iowa, Michigan,
Missouri, Oklahoma, and Wisconsin,
October 1, 2012’’, and add, after the
words ‘‘by October 1, 2012’’ whenever
they appear, the words ‘‘or, with regard
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■
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to units in Iowa, Michigan, Missouri,
Oklahoma, and Wisconsin, April 1,
2013’’; and
■ e. In paragraph (b)(3), add, after the
words ‘‘April 1, 2012’’, the words ‘‘or,
with regard to units in Iowa, Michigan,
Missouri, Oklahoma, and Wisconsin,
October 1, 2012’’, and add, after the
words ‘‘by October 1, 2012’’ whenever
they appear, the words ‘‘or, with regard
to units in Iowa, Michigan, Missouri,
Oklahoma, and Wisconsin, April 1,
2013’’.
[FR Doc. 2011–32821 Filed 12–23–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R04–OAR–2011–0006(a); FRL–
9611–8]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; State of Florida; Control of
Hospital/Medical/Infectious Waste
Incinerator (HMIWI) Emissions From
Existing Facilities
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is approving the Clean
Air Act (CAA) section 111(d)/129 state
plan (the Plan) submitted by the Florida
Department of Environmental Protection
SUMMARY:
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6,667
3,158
5,843
5,868
4,454
9,844
3,472
7,595
2,821
1,508
5,889
2,134
4,780
710
1,750
4,655
8,413
7,679
4,585
10,962
2,921
3,131
13,239
3,035
5,309
3,105
80777
Variability
limits for
2014 and
thereafter
6,615
3,158
5,843
3,839
4,454
9,697
3,403
6,862
2,821
1,508
5,673
2,134
4,425
710
1,750
3,876
7,936
4,585
10,902
2,921
1,683
13,239
3,035
4,891
3,002
(FDEP) for the State of Florida on
December 21, 2010, for implementing
and enforcing the Emissions Guidelines
(EGs) applicable to existing Hospital/
Medical/Infectious Waste Incinerators
(HMIWIs). These EGs apply to devices
that combust any amount of hospital
waste and/or medical/infectious waste.
DATES: This direct final rule is effective
February 27, 2012 without further
notice, unless EPA receives adverse
comment by January 26, 2012. If EPA
receives such comments, it will publish
a timely withdrawal of the direct final
rule in the Federal Register and inform
the public that the rule will not take
effect.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R04–OAR–2011–0006 by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: garver.daniel@epa.gov.
3. Fax: (404) 562–9095.
4. Mail: EPA–R04–OAR–2011–0006,
Daniel Garver, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303.
5. Hand Delivery or Courier: Mr.
Daniel Garver, Air Toxics Assessment
and Implementation Section, Air Toxics
and Monitoring Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Such
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Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m., excluding
federal holidays.
Instructions: Direct your comments to
Docket ID Number EPA–R04–OAR–
2011–0006. EPA’s policy is that all
comments received will be included in
the public docket without change, and
may be made available online at www.
regulations.gov, including any personal
information provided, unless the
comment includes information claimed
to be Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute. Do
not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://www.
epa.gov/epahome/dockets.htm.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., 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 in www.regulations.gov or
in hard copy at the Air Toxics
Assessment and Implementation
Section, Air Toxics and Monitoring
Branch, Air, Pesticides and Toxics
Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
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Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Daniel Garver, Air Toxics Assessment
and Implementation Section, Air Toxics
and Monitoring Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9839.
Mr. Garver can also be reached via
electronic mail at
garver.daniel@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Review of Florida’s Municipal Waste
Combustor (MWC) Plan Revision
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Section 129(a)(5) of the CAA requires
EPA to conduct a 5-year review of the
solid waste incinerator new source
performance standards (NSPS) and EGs
and revise both, as appropriate. On
October 6, 2009, EPA took final action
in the Federal Register to revise HMIWI
rules under sections 111 and 129 of the
CAA. See 74 FR 51368. This revision
was made pursuant to the U.S. Court of
Appeals for the District of Columbia
Circuit decision which remanded EPA’s
previous HMIWI regulations, and
required that EPA provide further
explanation to justify EPA’s
determination on the minimum
regulatory ‘‘floors’’ for new and existing
HMIWI. The October 6, 2009 revision
also satisfies the CAA Section 129(a)(5)
requirement to conduct a review of the
standards every 5 years. Section
129(b)(2) of the CAA requires states to
submit to EPA for approval state plans
and revisions that implement and
enforce the amended EGs, in this case,
40 CFR part 60, subpart Ce. State plans
and revisions must be at least as
protective as the EGs, and become
federally enforceable as a section
111(d)/129 plan revision upon approval
by EPA. The procedures for adoption
and submittal of state plans and
revisions are codified in 40 CFR part 60,
subpart B.
II. Review of Florida’s MWC Plan
Revision
The required Florida 111(d)/129 Plan
revision was submitted by FDEP to EPA
on December 21, 2010. EPA has
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reviewed the plan revision for existing
HMIWI units in the context of the
requirements of 40 CFR part 60, and
subparts B and Ce, as amended. State
plans must include the following nine
essential elements: (1) Identification of
legal authority, (2) identification of
mechanism for implementation, (3)
inventory of affected facilities, (4)
emissions inventory, (5) emissions
limits, (6) compliance schedules, (7)
testing, monitoring, recordkeeping, and
reporting, (8) public hearing records,
and (9) annual state progress reports on
facility compliance.
A. Identification of Legal Authority
Federal regulations found at 40 CFR
60.26 require the plan to demonstrate
that the State has legal authority to
adopt and implement the emission
standards and compliance schedules.
FDEP has demonstrated that it has the
legal authority to adopt and implement
the emission standards and compliance
governing MWC emissions. FDEP’s legal
authority is derived from state law
found at Florida Statutes (F.S.) Sec.
403.031 (Definitions), F.S. Sec. 403.061
(Department powers and duties), F.S.
Sec. 403.0872 (Title V air operating
permits), and F.S. Sec. 403.8055
(Authority to adopt federal standards by
reference). F.S. Subsections 403.061(6),
(7), (8), and (13) give the authority for
obtaining information and for requiring
recordkeeping, and use of monitors. F.S.
Subsection 403.061(35) gives the
department authority to exercise the
duties, powers, and responsibilities
required of the State under the CAA.
The sections of the Florida Statutes that
give authority for compliance and
enforcement authority are F.S. Sec.
403.121 (Judicial and administrative
remedies), F.S. Sec. 403.131 (Injunctive
relief), F.S. Sec. 403.141 (Civil
remedies), and F.S. Sec. 403.161 (Civil
and criminal penalties). Finally, F.S.
Sec. 119.07 is the authority for making
the information available to the public.
Furthermore, FDEP has submitted and
EPA has approved a previous Florida
111(d)/129 Plan for HMIWIs that
demonstrate the required legal authority
(40 CFR 62.2370). Therefore, the Plan
meets the requirements of 40 CFR 60.26.
B. Identification of Enforceable State
Mechanisms for Implementing the Plan
The subpart B provision at 40 CFR
60.24(a) requires that state plans include
emissions standards, defined 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.’’
Florida Administrative Code (F.A.C.)
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Chapter 62–204.800, ‘‘Federal
Regulations Adopted by Reference’’ has
been amended to incorporate revisions
to subpart Cb. These amendments to
F.A.C. Rule 62–204.800(8) and (9), for
Standards of Performance for New
Stationary Sources and Emission
Guidelines and Compliance Times,
respectively, were proposed on October
8, 2010, and became effective on
December 30, 2010. These rules meet
the requirement of 40 CFR 60.24(a) to
have a legally enforceable emission
standard.
C. Inventory of Affected MWC Units
Federal regulations found at 40 CFR
60.25(a) require each state plan to
include a complete source inventory of
all HMIWI units. FDEP has identified
ten (10) affected facilities. An affected
facility is not exempt from applicable
sections 111(d)/129 requirements
because it is not listed in the inventory
compiled by FDEP. The affected
facilities identified by FDEP are shown
in the table below:
County
Boca Raton Community Hospital.
Bethesda Memorial Hospital ..
Malcom Randall VA Medical
Center.
Memorial Regional Hospital ...
Lakeland Regional Medical
Center.
Stericycle, Inc .........................
Holy Cross Hospital ...............
Curtis Bay Energy Southeast
St. Joseph’s Hospital .............
VA Medical Center .................
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Facility name
Palm Beach.
Palm Beach.
Alachua.
Broward.
Polk.
Orange.
Broward.
Pinellas.
Hillsborough.
Miami/Dade.
D. Inventory of Emissions From Affected
MWC Units
Federal regulations found at 40 CFR
60.25(a) require that each state plan
include an emissions inventory that
estimates emissions of the pollutant
regulated by the EGs. Emissions from
HMIWI units contain organics (dioxins/
furans), metals (cadmium, lead,
mercury, particulate matter, opacity),
and acid gases (hydrogen chloride,
sulfur dioxide, and nitrogen oxides).
FDEP submitted an emissions inventory
of HMIWI units as part of its state plan.
This emissions inventory contains
HMIWI unit emissions rates for each
regulated pollutant for each designated
facility based on the most recent stack
test data. This meets the emission
inventory requirements of 40 CFR
60.25(a).
E. Emissions Limitations for HMIWI
Units
Federal regulations found at 40 CFR
60.24(c) specify that the state plan or
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revision must include emission
standards that are no less stringent than
the EGs, except as specified in 40 CFR
60.24(f), which allows for less stringent
emission limitations on a case-by-case
basis if certain conditions are met. This
exception clause is superseded by
section 129(b)(2) of the CAA, which
requires that state plans be ‘‘at least as
protective’’ as the EGs. F.A.C. Rule 62–
204.800(9)(g)3.a. and b. specifically
adopts by reference the EGs contained
in 40 CFR part 60 subpart Ce. Since the
emissions standards are adopted by
reference, the emission standards in the
state plan are ‘‘at least as protective’’ as
those in subpart Ce, as amended.
have been satisfied.’’ FDEP has met the
requirement of 40 CFR 60.23 for a
public hearing.
F. Compliance Schedules
Federal regulations found at 40 CFR
60.24(c) and (e), require that each state
plan must include an expeditious
compliance schedule that owners and
operators of affected MWC units must
meet in order to comply with the
requirements of the plan. F.A.C. Rule
62–204.800(9)(g)9., contains compliance
times for HMIWI units. The Plan
requires that all existing HMWI units
comply with the requirements of the
plan by June 1, 2012, unless the unit
complies with the alternate schedule
found at 40 CFR 60.39e(c). The Plan
revision meets applicable Federal
requirements for compliance schedules.
Based upon the rationale discussed
above, EPA is approving the Plan
revision and related F.A.C. Rule 62–
204.800(9) amendments, as adopted by
Florida on October 8, 2010. This
approval excludes certain authorities
retained by EPA, as stated in 40 CFR
60.50c(i). As required by 40 CFR
60.28(c), any revisions to the Plan or
supporting regulations will not be
considered part of the applicable plan
until submitted by FDEP in accordance
with 40 CFR 60.28(a) or (b), as
applicable, and until approved by EPA
in accordance with 40 CFR part 60,
subpart B, requirements.
EPA is publishing this rule without
prior proposal because the Agency
views this as a noncontroversial
amendment and anticipates no adverse
comments. This action simply reflects
already existing Federal requirement for
state air pollution control agencies and
existing HMIWI units that are subject to
the provisions of 40 CFR part 60,
subpart Ce and related subpart Ec.
However, in the ‘‘Proposed Rules’’
section of this Federal Register
publication, EPA is publishing a
separate document that will serve as the
proposal to approve the section 111(d)/
129 Plan revision should relevant
adverse or critical comments be filed.
This rule will be effective January 26,
2012 without further notice unless EPA
receives adverse comments by January
26, 2012. If EPA receives adverse
comments, EPA will publish a timely
withdrawal in the Federal Register
informing the public that the rule did
not take effect. EPA will address all
public comments in a subsequent final
rule based on the proposed rule. The
EPA will not institute a second
comment period on this action. Any
parties interested in commenting must
do so at this time. If no such comments
are received, the public is advised that
this rule will be effective on February
27, 2012 and no further action will be
taken on the proposed rule.
G. Testing, Monitoring, Recordkeeping,
and Reporting Requirements
The provisions of subpart B, 40 CFR
60.24(b) and 60.25(b), stipulate facility
testing, monitoring, recordkeeping and
reporting requirements for state plans.
F.A.C. Rules 62–204.800(9)(g)7.a. and b.,
and 62–204.800(9)(g)8.a. and b., adopt
by reference the performance testing
and monitoring, and reporting and
recordkeeping requirements found at 40
CFR 60.37e and 60.38e, respectively.
The Plan revision meets applicable
Federal requirements for testing,
monitoring, recordkeeping, and
reporting requirements.
H. A Record of Public Hearing on the
State Plan Revision
FDEP published a notice of
opportunity to submit public comments
or request a public hearing on the state
plan revision on October 22, 2010. No
comments were received, and a public
hearing was not requested. Applicable
portions of F.A.C. Chapter 62–204.800
amendments became effective on
December 30, 2010. FDEP provided
evidence of complying with public
notice and other hearing requirements.
FDEP also certified that ‘‘the public
notice and hearing requirements of all
applicable state and federal regulations
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I. Annual State Progress Reports to EPA
FDEP must submit to EPA on an
annual basis a report which details the
progress in the enforcement of the plan
in accordance with 40 CFR 60.25(e) and
(f). Accordingly, FDEP will submit
annual reports on progress in plan
enforcement to EPA on an annual
(calendar) basis, commencing with the
first full report period after plan
revision approval.
III. Final Action
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Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Rules and Regulations
IV. 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. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing
111(d)/129 plan submissions, EPA’s role
is to approve state choices, provided
that they meet the criteria of the CAA.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• 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
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• 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).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the 111(d)/
129 Plan is not approved to apply in
Indian country located in the state, and
EPA notes that it will not impose
substantial direct costs on tribal
governments or preempt tribal law.
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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 action 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 February 27, 2012. 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. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the proposed rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. 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, Intergovernmental
relations, Reporting and recordkeeping
requirements.
Dated: November 21, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
For the reasons set forth in the
preamble, part 62 of chapter I of title 40
of the Code of Federal Regulations is
amended as follows:
PART 62—[AMENDED]
1. The authority citation for part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
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Subpart K—Florida
2. Section 62.2370 is revised to read
as follows:
■
§ 62.2370
Identification of sources.
(a) The plan applies 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.
(b) On December 21, 2010, Florida
submitted a revised state plan and
related Florida Administrative Code
amendments as required by 40 CFR part
60, subpart Ce, amended on October 6,
2009.
[FR Doc. 2011–33151 Filed 12–23–11; 8:45 am]
BILLING CODE P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 11
[EB Docket No. 04–296; FCC 11–136]
Review of the Emergency Alert System
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the
Commission amends its rules governing
the Emergency Alert System (EAS) rules
to extend the deadline for EAS
Participants to be able to receive
Common Alerting Protocol (CAP)formatted EAS alerts to no later than
June 30, 2012. This is intended to
provide EAS Participants with time to
comply with any new CAP-based
revisions to the Commission’s rules.
DATES: Effective December 27, 2011.
FOR FURTHER INFORMATION CONTACT: Lisa
Fowlkes, Deputy Bureau Chief, Public
Safety and Homeland Security Bureau,
at (202) 418–7452, or by email at
Lisa.Fowlkes@fcc.gov.
SUMMARY:
This is a
summary of the Commission’s Fourth
Report and Order in EB Docket No. 04–
296, FCC 11–136, adopted on September
15, 2011, and released on September 16,
2011. The full text of this document is
available for inspection and copying
during normal business hours in the
FCC Reference Center (Room CY–A257),
445 12th Street SW., Washington, DC
20554. The complete text of this
document also may be purchased from
the Commission’s copy contractor, Best
Copy and Printing, Inc., 445 12th Street
SW., Room, CY–B402, Washington, DC
20554. The full text may also be
downloaded at: www.fcc.gov.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\27DER1.SGM
27DER1
]]>Agencies
[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Rules and Regulations]
[Pages 80777-80780]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33151]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R04-OAR-2011-0006(a); FRL- 9611-8]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; State of Florida; Control of Hospital/
Medical/Infectious Waste Incinerator (HMIWI) Emissions From Existing
Facilities
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving the Clean Air Act (CAA) section 111(d)/129
state plan (the Plan) submitted by the Florida Department of
Environmental Protection (FDEP) for the State of Florida on December
21, 2010, for implementing and enforcing the Emissions Guidelines (EGs)
applicable to existing Hospital/Medical/Infectious Waste Incinerators
(HMIWIs). These EGs apply to devices that combust any amount of
hospital waste and/or medical/infectious waste.
DATES: This direct final rule is effective February 27, 2012 without
further notice, unless EPA receives adverse comment by January 26,
2012. If EPA receives such comments, it will publish a timely
withdrawal of the direct final rule in the Federal Register and inform
the public that the rule will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R04-OAR-2011-0006 by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: garver.daniel@epa.gov.
3. Fax: (404) 562-9095.
4. Mail: EPA-R04-OAR-2011-0006, Daniel Garver, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303.
5. Hand Delivery or Courier: Mr. Daniel Garver, Air Toxics
Assessment and Implementation Section, Air Toxics and Monitoring
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. Such
[[Page 80778]]
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding federal
holidays.
Instructions: Direct your comments to Docket ID Number EPA-R04-OAR-
2011-0006. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at https://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., 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 in www.regulations.gov or
in hard copy at the Air Toxics Assessment and Implementation Section,
Air Toxics and Monitoring Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 a.m. to 4:30
p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: Daniel Garver, Air Toxics Assessment
and Implementation Section, Air Toxics and Monitoring Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. The telephone number is (404) 562-9839. Mr. Garver can also
be reached via electronic mail at garver.daniel@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
II. Review of Florida's Municipal Waste Combustor (MWC) Plan
Revision
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
Section 129(a)(5) of the CAA requires EPA to conduct a 5-year
review of the solid waste incinerator new source performance standards
(NSPS) and EGs and revise both, as appropriate. On October 6, 2009, EPA
took final action in the Federal Register to revise HMIWI rules under
sections 111 and 129 of the CAA. See 74 FR 51368. This revision was
made pursuant to the U.S. Court of Appeals for the District of Columbia
Circuit decision which remanded EPA's previous HMIWI regulations, and
required that EPA provide further explanation to justify EPA's
determination on the minimum regulatory ``floors'' for new and existing
HMIWI. The October 6, 2009 revision also satisfies the CAA Section
129(a)(5) requirement to conduct a review of the standards every 5
years. Section 129(b)(2) of the CAA requires states to submit to EPA
for approval state plans and revisions that implement and enforce the
amended EGs, in this case, 40 CFR part 60, subpart Ce. State plans and
revisions must be at least as protective as the EGs, and become
federally enforceable as a section 111(d)/129 plan revision upon
approval by EPA. The procedures for adoption and submittal of state
plans and revisions are codified in 40 CFR part 60, subpart B.
II. Review of Florida's MWC Plan Revision
The required Florida 111(d)/129 Plan revision was submitted by FDEP
to EPA on December 21, 2010. EPA has reviewed the plan revision for
existing HMIWI units in the context of the requirements of 40 CFR part
60, and subparts B and Ce, as amended. State plans must include the
following nine essential elements: (1) Identification of legal
authority, (2) identification of mechanism for implementation, (3)
inventory of affected facilities, (4) emissions inventory, (5)
emissions limits, (6) compliance schedules, (7) testing, monitoring,
recordkeeping, and reporting, (8) public hearing records, and (9)
annual state progress reports on facility compliance.
A. Identification of Legal Authority
Federal regulations found at 40 CFR 60.26 require the plan to
demonstrate that the State has legal authority to adopt and implement
the emission standards and compliance schedules. FDEP has demonstrated
that it has the legal authority to adopt and implement the emission
standards and compliance governing MWC emissions. FDEP's legal
authority is derived from state law found at Florida Statutes (F.S.)
Sec. 403.031 (Definitions), F.S. Sec. 403.061 (Department powers and
duties), F.S. Sec. 403.0872 (Title V air operating permits), and F.S.
Sec. 403.8055 (Authority to adopt federal standards by reference). F.S.
Subsections 403.061(6), (7), (8), and (13) give the authority for
obtaining information and for requiring recordkeeping, and use of
monitors. F.S. Subsection 403.061(35) gives the department authority to
exercise the duties, powers, and responsibilities required of the State
under the CAA. The sections of the Florida Statutes that give authority
for compliance and enforcement authority are F.S. Sec. 403.121
(Judicial and administrative remedies), F.S. Sec. 403.131 (Injunctive
relief), F.S. Sec. 403.141 (Civil remedies), and F.S. Sec. 403.161
(Civil and criminal penalties). Finally, F.S. Sec. 119.07 is the
authority for making the information available to the public.
Furthermore, FDEP has submitted and EPA has approved a previous Florida
111(d)/129 Plan for HMIWIs that demonstrate the required legal
authority (40 CFR 62.2370). Therefore, the Plan meets the requirements
of 40 CFR 60.26.
B. Identification of Enforceable State Mechanisms for Implementing the
Plan
The subpart B provision at 40 CFR 60.24(a) requires that state
plans include emissions standards, defined 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.'' Florida Administrative Code
(F.A.C.)
[[Page 80779]]
Chapter 62-204.800, ``Federal Regulations Adopted by Reference'' has
been amended to incorporate revisions to subpart Cb. These amendments
to F.A.C. Rule 62-204.800(8) and (9), for Standards of Performance for
New Stationary Sources and Emission Guidelines and Compliance Times,
respectively, were proposed on October 8, 2010, and became effective on
December 30, 2010. These rules meet the requirement of 40 CFR 60.24(a)
to have a legally enforceable emission standard.
C. Inventory of Affected MWC Units
Federal regulations found at 40 CFR 60.25(a) require each state
plan to include a complete source inventory of all HMIWI units. FDEP
has identified ten (10) affected facilities. An affected facility is
not exempt from applicable sections 111(d)/129 requirements because it
is not listed in the inventory compiled by FDEP. The affected
facilities identified by FDEP are shown in the table below:
------------------------------------------------------------------------
Facility name County
------------------------------------------------------------------------
Boca Raton Community Hospital............ Palm Beach.
Bethesda Memorial Hospital............... Palm Beach.
Malcom Randall VA Medical Center......... Alachua.
Memorial Regional Hospital............... Broward.
Lakeland Regional Medical Center......... Polk.
Stericycle, Inc.......................... Orange.
Holy Cross Hospital...................... Broward.
Curtis Bay Energy Southeast.............. Pinellas.
St. Joseph's Hospital.................... Hillsborough.
VA Medical Center........................ Miami/Dade.
------------------------------------------------------------------------
D. Inventory of Emissions From Affected MWC Units
Federal regulations found at 40 CFR 60.25(a) require that each
state plan include an emissions inventory that estimates emissions of
the pollutant regulated by the EGs. Emissions from HMIWI units contain
organics (dioxins/furans), metals (cadmium, lead, mercury, particulate
matter, opacity), and acid gases (hydrogen chloride, sulfur dioxide,
and nitrogen oxides). FDEP submitted an emissions inventory of HMIWI
units as part of its state plan. This emissions inventory contains
HMIWI unit emissions rates for each regulated pollutant for each
designated facility based on the most recent stack test data. This
meets the emission inventory requirements of 40 CFR 60.25(a).
E. Emissions Limitations for HMIWI Units
Federal regulations found at 40 CFR 60.24(c) specify that the state
plan or revision must include emission standards that are no less
stringent than the EGs, except as specified in 40 CFR 60.24(f), which
allows for less stringent emission limitations on a case-by-case basis
if certain conditions are met. This exception clause is superseded by
section 129(b)(2) of the CAA, which requires that state plans be ``at
least as protective'' as the EGs. F.A.C. Rule 62-204.800(9)(g)3.a. and
b. specifically adopts by reference the EGs contained in 40 CFR part 60
subpart Ce. Since the emissions standards are adopted by reference, the
emission standards in the state plan are ``at least as protective'' as
those in subpart Ce, as amended.
F. Compliance Schedules
Federal regulations found at 40 CFR 60.24(c) and (e), require that
each state plan must include an expeditious compliance schedule that
owners and operators of affected MWC units must meet in order to comply
with the requirements of the plan. F.A.C. Rule 62-204.800(9)(g)9.,
contains compliance times for HMIWI units. The Plan requires that all
existing HMWI units comply with the requirements of the plan by June 1,
2012, unless the unit complies with the alternate schedule found at 40
CFR 60.39e(c). The Plan revision meets applicable Federal requirements
for compliance schedules.
G. Testing, Monitoring, Recordkeeping, and Reporting Requirements
The provisions of subpart B, 40 CFR 60.24(b) and 60.25(b),
stipulate facility testing, monitoring, recordkeeping and reporting
requirements for state plans. F.A.C. Rules 62-204.800(9)(g)7.a. and b.,
and 62-204.800(9)(g)8.a. and b., adopt by reference the performance
testing and monitoring, and reporting and recordkeeping requirements
found at 40 CFR 60.37e and 60.38e, respectively. The Plan revision
meets applicable Federal requirements for testing, monitoring,
recordkeeping, and reporting requirements.
H. A Record of Public Hearing on the State Plan Revision
FDEP published a notice of opportunity to submit public comments or
request a public hearing on the state plan revision on October 22,
2010. No comments were received, and a public hearing was not
requested. Applicable portions of F.A.C. Chapter 62-204.800 amendments
became effective on December 30, 2010. FDEP provided evidence of
complying with public notice and other hearing requirements. FDEP also
certified that ``the public notice and hearing requirements of all
applicable state and federal regulations have been satisfied.'' FDEP
has met the requirement of 40 CFR 60.23 for a public hearing.
I. Annual State Progress Reports to EPA
FDEP must submit to EPA on an annual basis a report which details
the progress in the enforcement of the plan in accordance with 40 CFR
60.25(e) and (f). Accordingly, FDEP will submit annual reports on
progress in plan enforcement to EPA on an annual (calendar) basis,
commencing with the first full report period after plan revision
approval.
III. Final Action
Based upon the rationale discussed above, EPA is approving the Plan
revision and related F.A.C. Rule 62-204.800(9) amendments, as adopted
by Florida on October 8, 2010. This approval excludes certain
authorities retained by EPA, as stated in 40 CFR 60.50c(i). As required
by 40 CFR 60.28(c), any revisions to the Plan or supporting regulations
will not be considered part of the applicable plan until submitted by
FDEP in accordance with 40 CFR 60.28(a) or (b), as applicable, and
until approved by EPA in accordance with 40 CFR part 60, subpart B,
requirements.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. This action simply reflects already existing Federal
requirement for state air pollution control agencies and existing HMIWI
units that are subject to the provisions of 40 CFR part 60, subpart Ce
and related subpart Ec. However, in the ``Proposed Rules'' section of
this Federal Register publication, EPA is publishing a separate
document that will serve as the proposal to approve the section 111(d)/
129 Plan revision should relevant adverse or critical comments be
filed. This rule will be effective January 26, 2012 without further
notice unless EPA receives adverse comments by January 26, 2012. If EPA
receives adverse comments, EPA will publish a timely withdrawal in the
Federal Register informing the public that the rule did not take
effect. EPA will address all public comments in a subsequent final rule
based on the proposed rule. The EPA will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time. If no such comments are received, the public is advised
that this rule will be effective on February 27, 2012 and no further
action will be taken on the proposed rule.
[[Page 80780]]
IV. 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. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing 111(d)/129 plan submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
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 Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
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).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
111(d)/129 Plan is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
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 action 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 February 27, 2012. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: November 21, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
For the reasons set forth in the preamble, part 62 of 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 K--Florida
0
2. Section 62.2370 is revised to read as follows:
Sec. 62.2370 Identification of sources.
(a) The plan applies 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.
(b) On December 21, 2010, Florida submitted a revised state plan
and related Florida Administrative Code amendments as required by 40
CFR part 60, subpart Ce, amended on October 6, 2009.
[FR Doc. 2011-33151 Filed 12-23-11; 8:45 am]
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