Direct Final Approval of Hospital/Medical/Infectious Waste Incinerators State Plan for Designated Facilities and Pollutants: Indiana, 24405-24408 [2012-9724]
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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations
August 10, 1999). This action merely
approves a state rule implementing a
Federal requirement, and does not alter
the relationship or the distribution of
power and responsibilities established
in the Act. This rule also is not subject
to Executive Order 13045 (62 FR 19885,
April 23, 1997), because it approves a
state rule implementing a Federal
standard.
In reviewing Section 111(d)/129 plan
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Act. 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
Section 111(d)/129 plan submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a Section 111(d)/
129 plan submission, to use VCS in
place of a Section 111(d)/129 plan
submission that otherwise satisfies the
provisions of the Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. 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.).
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B. Submission to Congress and the
Comptroller General
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. This rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under Section 307(b)(1) of the Act,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 25, 2012. 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
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such rule or action. This action
approving Illinois’ Section 111(d)/129
plan revision for HMIWI sources may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
ENVIRONMENTAL PROTECTION
AGENCY
List of Subjects in 40 CFR Part 62
Direct Final Approval of Hospital/
Medical/Infectious Waste Incinerators
State Plan for Designated Facilities
and Pollutants: Indiana
Environmental protection, Air
pollution control, Administrative
practice and procedure, Hospital
medical infectious waste incinerators,
Intergovernmental relations, Reporting
and recordkeeping requirements.
40 CFR part 62 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.
Subpart O—Illinois
2. Sections 62.3340, 62.3341, and
62.3342 are revised to read as follows:
■
Identification of plan.
Illinois submitted, on November 8,
2011 and supplemented on December
28, 2011, a revised State Plan for
implementing the Emission Guidelines
affecting Hospital/Medical Infectious
Waste Incinerators (HMIWI). The
enforceable mechanism for this revised
State plan is 35 Ill. Adm. Code Part 229.
This rule was adopted by the Illinois
Pollution Control Board on September
22, 2011 and became effective on
September 30, 2011.
§ 62.3341
Identification of sources.
The Illinois State Plan for existing
Hospital/Medical/Infectious Waste
Incinerators (HMIWI) applies to all
HMIWIs for which:
(a) Construction commenced either on
or before June 20, 1996 or modification
was commenced either on or before
March 16, 1998; or
(b) Construction commenced either
after June 20, 1996, but no later than
December 1, 2008, or for which
modification is commenced after March
16, 1998, but no later than April 6, 2010.
§ 62.3342
Effective date.
The Federal effective date of the
Illinois State Plan for existing Hospital/
Medical/Infectious Waste Incinerators is
June 25, 2012.
[FR Doc. 2012–9712 Filed 4–23–12; 8:45 am]
BILLING CODE 6560–50–P
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[EPA–R05–OAR–2012–0086; FRL–9663–2]
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is approving Indiana’s
revised State Plan to control air
pollutants from ‘‘Hazardous/Medical/
Infectious Waste Incinerators’’ (HMIWI).
The Indiana Department of
Environmental Management (IDEM)
submitted the revised State Plan on
December 14, 2011. The revised State
Plan is consistent with revised Emission
Guidelines (EGs) promulgated by EPA
on October 6, 2009. This approval
means that EPA finds that the revised
State Plan meets applicable Clean Air
Act (Act) requirements for subject
HMIWI units. Once effective, this
approval also makes the revised State
Plan Federally enforceable.
DATES: This direct final rule will be
effective June 25, 2012, unless EPA
receives adverse comments by May 24,
2012. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2012–0086, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: nash.carlton@epa.gov.
3. Fax: (312) 886–6030.
4. Mail: Carlton T. Nash, Chief, Toxics
and Global Atmosphere Section, Air
Toxics and Assessment Branch
(AT–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Carlton T. Nash,
Chief, Toxics and Global Atmosphere
Section, Air Toxics and Assessment
Branch (AT–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
Such deliveries are only accepted
during the Regional Office normal hours
of operation, and special arrangements
should be made for deliveries of boxed
information. The Regional Office official
hours of business are Monday through
Friday, 8:30 a.m. to 4:30 p.m. excluding
Federal holidays.
SUMMARY:
Dated: April 9, 2012.
Susan Hedman,
Regional Administrator, Region 5.
§ 62.3340
40 CFR Part 62
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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2012–
0086. 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.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
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 Margaret Sieffert,
Environmental Engineer, at (312) 353–
1151 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Margaret Sieffert, Environmental
Engineer, Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard (AT–18J), Chicago, Illinois
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60604, (312) 353–1151,
sieffert.margaret@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. Background
II. What does the State plan contain?
III. Does the State Plan meet the EPA
requirements?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. Background
On October 6, 2009, in accordance
with sections 111 and 129 of the Act,
EPA promulgated revised HMIWI EGs
and compliance schedules for the
control of emissions from HMIWI units.
See 74 FR 51368. A HMIWI unit as
defined in 40 CFR 60.51c is any device
that combusts any amount of hospital
waste and/or medical/infectious waste.
EPA codified these revised regulations
at 40 CFR part 60, subpart Ce. Under
section 129(b)(2) of the Act and the
revised EGs at subpart Ce, States with
subject sources must submit to EPA
plans that implement the revised EGs.
The plans must be at least as protective
as the revised EGs, which are not
Federally enforceable until EPA
approves a State Plan (or promulgates a
Federal Plan for implementation and
enforcement).
On December 14, 2011, Indiana
submitted its revised HMIWI State Plan,
which EPA received on December 19,
2011. This submission followed public
hearings for preliminary adoption of the
revised State rule on May 4, 2011 and
for final adoption on August 3, 2011.
The State adopted the final rule on
August 3, 2011 and it became effective
on October 28, 2011. The State
submitted a correction to the Indiana
Air Pollution Control Board on
December 6, 2011 to correct a
typographical error and it was accepted
for filing. The correction was effective
on January 20, 2012. The revised plan
includes revisions to State rule 326 IAC
11–6, which establishes emission
standards for existing HMIWI.
II. What does the State plan contain?
The State submittal is based on the
revised HMIWI EGs (40 CFR part 60,
subpart Ce) and the revised New Source
Performance Standards (NSPS) (40 CFR
part 60, subpart Ec) for HMIWI
promulgated on October 6, 2009. As set
forth in section 129 of the Act and in
40 CFR part 60, subparts B and Ce, the
revised State Plan addresses the thirteen
minimum required elements, as follows:
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1. A demonstration of the State’s legal
authority to carry out the HMIWI State
Plan and identified the enforceable
mechanisms. Indiana has provided a
detailed list which demonstrated that it
has such legal authority and identified
the enforceable mechanism.
2. An inventory of affected HMIWI
units, including language that states that
sources subject to the standard ‘‘include
but are not limited to’’ the inventory in
the State Plan and an additional
statement that says ‘‘should another
source be discovered subsequent to this
notice, there will be no need to reopen
the State Plan.’’ Indiana has provided
this.
3. An inventory of the emissions from
each of the HMIWI units. Indiana has
provided this.
4. Emission limits for HMIWI that are
the same as those required by the EG.
Indiana has provided this.
5. Testing and monitoring
requirements are the same as those
required by the EG. Indiana has
provided this.
6. Reporting and recordkeeping
requirements are the same as those
required by the EG. Indiana has
provided this.
7. Operator training and qualification
requirements are the same as those
required by the EG. Indiana has
provided this.
8. Inspections requirements are the
same as those required by the EG.
Indiana has provided this.
9. The waste management plan
requirements are the same as those in
the EG. Indiana has provided this.
10. A compliance schedule with
increments. Indiana has provided this.
11. A final compliance date of
October 6, 2014. Indiana has provided
this.
12. A record of public hearings on the
revised State rule and Plan. Indiana has
provided this.
13. A provision for State progress
reports to EPA. Indiana has stated that
it will submit an annual report that will
include updates to the inventory, any
enforcement activities and submission
of copies of technical reports on all
performance testing on designated
facilities. The Air Facility System will
be used to submit information
pertaining to emissions, inspections,
status of compliance, dates of
performance testing, and enforcement
actions.
III. Does the State Plan meet the EPA
requirements?
EPA evaluated the revised HMIWI
State Plan submitted by Indiana for
consistency with the Act, EPA
regulations and policy. For the reasons
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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations
discussed above, EPA has determined
that the revised State Plan meets all
applicable requirements and, therefore,
is approving it.
IV. What action is EPA taking?
EPA is approving the revised State
Plan which Indiana submitted on
December 14, 2011, for the control of
emissions from existing HMIWI sources
in the State. EPA is publishing this
approval notice without prior proposal
because the Agency views this as a noncontroversial action and anticipates no
adverse comments. 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 State Plan
in the event adverse written comments
are filed. This rule will be effective June
25, 2012 without further notice unless
we receive relevant adverse written
comments by May 24, 2012. If we
receive such comments, we will
withdraw this action before the effective
date by publishing a subsequent
document that will withdraw the final
action. All public comments received
will then be addressed in a subsequent
final rule based on the proposed action.
EPA will not institute a second
comment period. Any parties interested
in commenting on this action should do
so at this time. Please note that if EPA
receives adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
EPA may adopt as final those provisions
of the rule that are not the subject of an
adverse comment. If we do not receive
any comments, this action will be
effective June 25, 2012.
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V. Statutory and Executive Order
Reviews
A. General Requirements
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. For
this reason, 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). 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.). Because this
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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). 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). 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 requirement, and does not alter
the relationship or the distribution of
power and responsibilities established
in the Act. This rule also is not subject
to Executive Order 13045 (62 FR 19885,
April 23, 1997), because it approves a
State rule implementing a Federal
standard.
In reviewing Section 111(d)/129 plan
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Act. 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
Section 111(d)/129 plan submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a Section 111(d)/
129 plan submission, to use VCS in
place of a Section 111(d)/129 plan
submission that otherwise satisfies the
provisions of the Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. 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.).
B. Submission to Congress and the
Comptroller General
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
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24407
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. This rule is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under Section 307(b)(1) of the Act,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by June 25, 2012. 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
approving Indiana’s Section 111(d)/129
plan revision for HMIWI sources 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, Administrative
practice and procedure, Hospital
medical infectious waste incinerators,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: April 9, 2012.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 62 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.
Subpart P—Indiana
2. Sections 62.3640, 62.3641, and
62.3642 are revised to read as follows:
■
§ 62.3640
Identification of plan.
On December 14, 2011, Indiana
submitted a revised State Plan for
implementing the revised emission
guidelines for Hospital/Medical/
Infectious Waste Incinerators (HMIWI).
The enforceable mechanism for this
revised State Plan is a State rule
codified in 326 Indiana Administrative
Code (IAC) 11–6. The rule was adopted
on August 3, 2011, and became effective
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on October 28, 2011. A typographical
correction was submitted to the Indiana
Air Pollution Control Board and
accepted on December 6, 2011 and
became effective on January 20, 2012.
§ 62.3641
Identification of sources.
The Indiana State Plan for existing
Hospital/Medical/Infectious Waste
Incinerators (HMIWI) applies to all
HMIWIs for which construction
commenced on
(a) On or before June 20, 1996 or for
which modification was commenced on
or before March 1998; or
(b) After June 20, 1996, but no later
than December 1, 2008, or for which
modification is commenced after March
16, 1998, but no later than April 6, 2010.
§ 62.3642
Effective Date.
The Federal effective date of the
Indiana State Plan for existing Hospital/
Medical/Infectious Waste Incinerators is
June 25, 2012.
[FR Doc. 2012–9724 Filed 4–23–12; 8:45 am]
holidays. The telephone number of the
EPA/DC Public Reading Room is (202)
566–1744, and the telephone number for
the OPPT Docket is (202) 566–0280. For
information or additional instructions
about the docket or visiting the EPA/DC,
please go to https://www.epa.gov/
dockets.
For
technical information contact: Tracey
Klosterman, Chemical Control Division
(7405M), Office of Pollution Prevention
and Toxics, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–2209; email address:
klosterman.tracey@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Does this action apply to me?
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 721
[EPA–HQ–OPPT–2011–0108; FRL–9344–7]
The Agency included in the final rule
a list of those who may be potentially
affected by this action. If you have
questions regarding the applicability of
this action to a particular entity, consult
the technical person listed under FOR
FURTHER INFORMATION CONTACT.
RIN 2070–AB27
II. What does this technical amendment
do?
Modification of Significant New Uses
of Tris Carbamoyl Triazine; Technical
Amendment
This technical amendment
implements a technical correction that
published in the Federal Register of
March 7, 2012 (77 FR 13506) (FRL–
9339–8), which removes a crossreference erroneously placed in
§ 721.9719(a)(2)(ii) by a final rule that
published in the Federal Register of
February 8, 2012 (77 FR 6476) (FRL–
9330–6).
In order to remove the erroneous
cross-reference before the effective date
of the February 8, 2012 final rule, EPA
published the final rule technical
correction in the Federal Register of
March 7, 2012. Subsequently, however,
the Office of the Federal Register (OFR)
determined that the placement of the
correction text in that document did not
satisfy OFR’s format requirements, and
a second correction was necessary to
effectuate the change in the Code of
Federal Regulations (CFR). Since the
February 8, 2012 final rule had become
effective, the OFR instructed EPA to do
this second correction as a technical
amendment to the CFR.
Environmental Protection
Agency (EPA).
ACTION: Final rule; technical
amendment.
AGENCY:
This technical amendment
implements a technical correction that
published in the Federal Register of
March 7, 2012. Specifically, the
correction involves the removal of a
cross-reference that was erroneously
included in a final rule that published
in the Federal Register of February 8,
2012.
SUMMARY:
This final rule is effective April
24, 2012.
ADDRESSES: The docket for this action,
identified under docket identification
(ID) number EPA–HQ–OPPT–2011–
0108, is available online at https://www.
regulations.gov and at the OPPT Docket.
The OPPT Docket is located in the EPA
Docket Center (EPA/DC) at Rm. 3334,
EPA West Bldg., 1301 Constitution Ave.
NW., Washington, DC. The EPA/DC
Public Reading Room hours of operation
are 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
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III. Why is this technical amendment
issued as a final rule?
Section 553 of the Administrative
Procedure Act (APA), 5 U.S.C.
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553(b)(3)(B), provides that, when an
Agency for good cause finds that notice
and public procedure are impracticable,
unnecessary or contrary to the public
interest, the Agency may issue a final
rule without providing notice and an
opportunity for public comment. EPA
has determined that there is good cause
for making this technical amendment
final without prior proposal and
opportunity for comment, because
notice and comment are unnecessary.
The hazard communication requirement
that is being removed was never
intended to be included in the
significant new use rule (SNUR), the
PMN submitter who brought the error to
EPA’s attention is familiar with the
issue, and EPA is not aware of and does
not expect there to be persons who
would be adversely affected by the
change as there are no companies
making plans based on erroneous notice
and no harm resulting from deleting the
unnecessary requirement for a
developmental effect warning. EPA
finds that this constitutes good cause
under 5 U.S.C. 553(b)(3)(B).
IV. Do any of the Statutory and
Executive Order reviews apply to this
action?
This technical amendment effectuates
the March 7, 2012 technical correction
to remove an erroneous cross-reference
that was placed in § 721.9719(a)(2)(ii)
when the final rule published in the
Federal Register of February 8, 2012,
modifying significant new uses of tris
carbamoyl triazine. The February 8,
2012 final rule addresses these
requirements for that action (see Unit
IX. of the preamble to that action). This
technical amendment does not
otherwise amend or impose any other
requirements.
As such, this technical amendment is
not a ‘‘significant regulatory action’’
subject to review by the Office of
Management and Budget (OMB) under
Executive Order 12866, entitled
Regulatory Planning and Review (58 FR
51735, October 4, 1993), nor does this
technical amendment contain any
information collections subject to OMB
approval under the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.)
Because the Agency has made a ‘‘good
cause’’ finding that this technical
amendment is not subject to notice-andcomment requirements under the APA
or any other statute (see Unit III. of this
document), it is not subject to the
regulatory flexibility provisions of the
Regulatory Flexibility Act (RFA) (5 USC
601 et seq.), or to sections 202 and 205
of the Unfunded Mandates Reform Act
(UMRA) (2 U.S.C. 1531 et seq.). Nor
does this technical amendment
E:\FR\FM\24APR1.SGM
24APR1
]]>Agencies
[Federal Register Volume 77, Number 79 (Tuesday, April 24, 2012)]
[Rules and Regulations]
[Pages 24405-24408]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9724]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R05-OAR-2012-0086; FRL-9663-2]
Direct Final Approval of Hospital/Medical/Infectious Waste
Incinerators State Plan for Designated Facilities and Pollutants:
Indiana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving Indiana's revised State Plan to control air
pollutants from ``Hazardous/Medical/Infectious Waste Incinerators''
(HMIWI). The Indiana Department of Environmental Management (IDEM)
submitted the revised State Plan on December 14, 2011. The revised
State Plan is consistent with revised Emission Guidelines (EGs)
promulgated by EPA on October 6, 2009. This approval means that EPA
finds that the revised State Plan meets applicable Clean Air Act (Act)
requirements for subject HMIWI units. Once effective, this approval
also makes the revised State Plan Federally enforceable.
DATES: This direct final rule will be effective June 25, 2012, unless
EPA receives adverse comments by May 24, 2012. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the rule will not
take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2012-0086, by one of the following methods:
1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. Email: nash.carlton@epa.gov.
3. Fax: (312) 886-6030.
4. Mail: Carlton T. Nash, Chief, Toxics and Global Atmosphere
Section, Air Toxics and Assessment Branch (AT-18J), U.S. Environmental
Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: Carlton T. Nash, Chief, Toxics and Global
Atmosphere Section, Air Toxics and Assessment Branch (AT-18J), U.S.
Environmental Protection Agency, 77 West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only accepted during the Regional
Office normal hours of operation, and special arrangements should be
made for deliveries of boxed information. The Regional Office official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.
excluding Federal holidays.
[[Page 24406]]
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2012-0086. 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.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in 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 Margaret Sieffert, Environmental
Engineer, at (312) 353-1151 before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: Margaret Sieffert, Environmental
Engineer, Environmental Protection Agency, Region 5, 77 West Jackson
Boulevard (AT-18J), Chicago, Illinois 60604, (312) 353-1151,
sieffert.margaret@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. Background
II. What does the State plan contain?
III. Does the State Plan meet the EPA requirements?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. Background
On October 6, 2009, in accordance with sections 111 and 129 of the
Act, EPA promulgated revised HMIWI EGs and compliance schedules for the
control of emissions from HMIWI units. See 74 FR 51368. A HMIWI unit as
defined in 40 CFR 60.51c is any device that combusts any amount of
hospital waste and/or medical/infectious waste. EPA codified these
revised regulations at 40 CFR part 60, subpart Ce. Under section
129(b)(2) of the Act and the revised EGs at subpart Ce, States with
subject sources must submit to EPA plans that implement the revised
EGs. The plans must be at least as protective as the revised EGs, which
are not Federally enforceable until EPA approves a State Plan (or
promulgates a Federal Plan for implementation and enforcement).
On December 14, 2011, Indiana submitted its revised HMIWI State
Plan, which EPA received on December 19, 2011. This submission followed
public hearings for preliminary adoption of the revised State rule on
May 4, 2011 and for final adoption on August 3, 2011. The State adopted
the final rule on August 3, 2011 and it became effective on October 28,
2011. The State submitted a correction to the Indiana Air Pollution
Control Board on December 6, 2011 to correct a typographical error and
it was accepted for filing. The correction was effective on January 20,
2012. The revised plan includes revisions to State rule 326 IAC 11-6,
which establishes emission standards for existing HMIWI.
II. What does the State plan contain?
The State submittal is based on the revised HMIWI EGs (40 CFR part
60, subpart Ce) and the revised New Source Performance Standards (NSPS)
(40 CFR part 60, subpart Ec) for HMIWI promulgated on October 6, 2009.
As set forth in section 129 of the Act and in 40 CFR part 60, subparts
B and Ce, the revised State Plan addresses the thirteen minimum
required elements, as follows:
1. A demonstration of the State's legal authority to carry out the
HMIWI State Plan and identified the enforceable mechanisms. Indiana has
provided a detailed list which demonstrated that it has such legal
authority and identified the enforceable mechanism.
2. An inventory of affected HMIWI units, including language that
states that sources subject to the standard ``include but are not
limited to'' the inventory in the State Plan and an additional
statement that says ``should another source be discovered subsequent to
this notice, there will be no need to reopen the State Plan.'' Indiana
has provided this.
3. An inventory of the emissions from each of the HMIWI units.
Indiana has provided this.
4. Emission limits for HMIWI that are the same as those required by
the EG. Indiana has provided this.
5. Testing and monitoring requirements are the same as those
required by the EG. Indiana has provided this.
6. Reporting and recordkeeping requirements are the same as those
required by the EG. Indiana has provided this.
7. Operator training and qualification requirements are the same as
those required by the EG. Indiana has provided this.
8. Inspections requirements are the same as those required by the
EG. Indiana has provided this.
9. The waste management plan requirements are the same as those in
the EG. Indiana has provided this.
10. A compliance schedule with increments. Indiana has provided
this.
11. A final compliance date of October 6, 2014. Indiana has
provided this.
12. A record of public hearings on the revised State rule and Plan.
Indiana has provided this.
13. A provision for State progress reports to EPA. Indiana has
stated that it will submit an annual report that will include updates
to the inventory, any enforcement activities and submission of copies
of technical reports on all performance testing on designated
facilities. The Air Facility System will be used to submit information
pertaining to emissions, inspections, status of compliance, dates of
performance testing, and enforcement actions.
III. Does the State Plan meet the EPA requirements?
EPA evaluated the revised HMIWI State Plan submitted by Indiana for
consistency with the Act, EPA regulations and policy. For the reasons
[[Page 24407]]
discussed above, EPA has determined that the revised State Plan meets
all applicable requirements and, therefore, is approving it.
IV. What action is EPA taking?
EPA is approving the revised State Plan which Indiana submitted on
December 14, 2011, for the control of emissions from existing HMIWI
sources in the State. EPA is publishing this approval notice without
prior proposal because the Agency views this as a non-controversial
action and anticipates no adverse comments. 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 State
Plan in the event adverse written comments are filed. This rule will be
effective June 25, 2012 without further notice unless we receive
relevant adverse written comments by May 24, 2012. If we receive such
comments, we will withdraw this action before the effective date by
publishing a subsequent document that will withdraw the final action.
All public comments received will then be addressed in a subsequent
final rule based on the proposed action. EPA will not institute a
second comment period. Any parties interested in commenting on this
action should do so at this time. Please note that if EPA receives
adverse comment on an amendment, paragraph, or section of this rule and
if that provision may be severed from the remainder of the rule, EPA
may adopt as final those provisions of the rule that are not the
subject of an adverse comment. If we do not receive any comments, this
action will be effective June 25, 2012.
V. Statutory and Executive Order Reviews
A. General Requirements
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. For this
reason, 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). 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.). 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). 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).
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
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the Act. This rule also is
not subject to Executive Order 13045 (62 FR 19885, April 23, 1997),
because it approves a State rule implementing a Federal standard.
In reviewing Section 111(d)/129 plan submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the Act.
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 Section 111(d)/129 plan submission for failure to use
VCS. It would thus be inconsistent with applicable law for EPA, when it
reviews a Section 111(d)/129 plan submission, to use VCS in place of a
Section 111(d)/129 plan submission that otherwise satisfies the
provisions of the Act. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. 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.).
B. Submission to Congress and the Comptroller General
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. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under Section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by June 25, 2012. 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 approving Indiana's Section 111(d)/129 plan revision for
HMIWI sources 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, Administrative
practice and procedure, Hospital medical infectious waste incinerators,
Intergovernmental relations, Reporting and recordkeeping requirements.
Dated: April 9, 2012.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 62 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 P--Indiana
0
2. Sections 62.3640, 62.3641, and 62.3642 are revised to read as
follows:
Sec. 62.3640 Identification of plan.
On December 14, 2011, Indiana submitted a revised State Plan for
implementing the revised emission guidelines for Hospital/Medical/
Infectious Waste Incinerators (HMIWI). The enforceable mechanism for
this revised State Plan is a State rule codified in 326 Indiana
Administrative Code (IAC) 11-6. The rule was adopted on August 3, 2011,
and became effective
[[Page 24408]]
on October 28, 2011. A typographical correction was submitted to the
Indiana Air Pollution Control Board and accepted on December 6, 2011
and became effective on January 20, 2012.
Sec. 62.3641 Identification of sources.
The Indiana State Plan for existing Hospital/Medical/Infectious
Waste Incinerators (HMIWI) applies to all HMIWIs for which construction
commenced on
(a) On or before June 20, 1996 or for which modification was
commenced on or before March 1998; or
(b) After June 20, 1996, but no later than December 1, 2008, or for
which modification is commenced after March 16, 1998, but no later than
April 6, 2010.
Sec. 62.3642 Effective Date.
The Federal effective date of the Indiana State Plan for existing
Hospital/Medical/Infectious Waste Incinerators is June 25, 2012.
[FR Doc. 2012-9724 Filed 4-23-12; 8:45 am]
BILLING CODE 6560-50-P
