Direct Final Approval of Hospital/Medical/Infectious Waste Incinerator Negative Declaration for Designated Facilities and Pollutants: Michigan and Wisconsin, 72581-72583 [2013-28965]
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Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R05–OAR–2013–0678; FRL–9903–33–
Region–5]
Direct Final Approval of Hospital/
Medical/Infectious Waste Incinerator
Negative Declaration for Designated
Facilities and Pollutants: Michigan and
Wisconsin
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA is notifying the public
that we have received negative
declarations from Michigan and
Wisconsin regarding Hospital/Medical/
Infectious Waste Incinerator (HMIWI)
units within those states. The Michigan
Department of Environmental Quality
(MDEQ) submitted its negative
declaration on August 9, 2013. The
Wisconsin Department of Natural
Resources (WDNR) submitted its
negative declaration on July 15, 2013.
Each state notified EPA in its negative
declaration letter that there are no
HMIWI units subject to the
requirements of sections 111(d) and 129
of the Clean Air Act (Act) currently
operating in its state.
DATES: This direct final rule will be
effective February 3, 2014, unless EPA
receives adverse comments by January
2, 2014. 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–2013–0678, 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) 692–2543.
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
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SUMMARY:
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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 No. EPA–R05–OAR–2013–
0678. 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
PO 00000
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72581
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. Final EPA Action
III. Statutory and Executive Order Reviews
I. Background
Section 111(d) of the Act requires that
EPA develop regulations providing that
states must submit to EPA plans
establishing standards of performance
for certain existing sources of pollutants
when a standard of performance would
apply to the existing source if it were a
new source, and if the pollutants are
noncriteria pollutants (i.e., pollutants
for which there is no national ambient
air quality standards) and are not on a
list published under section 108 of the
Act or emitted from a source category
regulated under section 112 of the Act.
Section 129 of the Act and 40 CFR part
60, Subpart B apply the section 111(d)
requirements to existing solid waste
combustors, including HMIWIs, and
provide that EPA should include, as
part of the performance standards,
emissions guidelines (EGs) that include
the plan elements required by section
129.
EPA promulgated new source
performance standards and EGs for
HWIMIs on September 15, 1997 and
December 19, 1995, respectively (62 FR
48382, 60 FR 65414), and amended
them most recently on April 4, 2011 (76
FR 18407). The standards and EGs are
codified at 40 CFR part 60, subparts Ec
and Ce, respectively. Thus, states were
required to develop plans for existing
HWIMIs, pursuant to sections 111(d)
and 129 of the Act and 40 CFR part 60,
subpart B.
A HMIWI unit is defined in 40 CFR
60.51c as any device that combusts any
amount of hospital waste and/or
medical/infectious waste. The
designated facilities to which the EGs
apply are existing HMIWI units that: (1)
commenced construction on or before
June 20, 1996, or for which a
modification was commenced on or
before March 16, 1998; or (2)
commenced construction after June 20,
1996 but no later than December 1,
2008, or for which a modification
commenced after March 16, 1998 but no
later than April 6, 2010, with limited
exceptions as provided in paragraphs 40
CFR 60.32e(b) through (h).
40 CFR part 60, subpart B contains
general provisions applicable to the
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Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Rules and Regulations
adoption and submittal of state plans for
subject facilities under sections 111(d)
and 129 (111(d)/129 plan). 40 CFR part
62, subpart A provides the procedural
framework for the submission of the
plans. However, 40 CFR 60.23(b) and
62.06 provide that, if there are no
existing sources of the designated
pollutant in a state, the state may submit
a letter of certification to that effect (i.e.,
a negative declaration) in lieu of a plan.
The negative declaration exempts the
state from the provisions of 40 CFR part
60, subpart B that require the submittal
of a 111(d)/129 plan.
On August 9, 2013, MDEQ submitted
its HMIWI negative declaration, in
which it certifies that there are no
HWIMI units currently operating in
Michigan. EPA received the negative
declaration on August 16, 2013. On July
15, 2013, WDNR submitted its HMIWI
negative declaration, in which it
certifies that there are no HWIMI units
currently operating in Wisconsin. EPA
received WDNR’s negative declaration
on July 23, 2013.
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II. Final EPA Action
In this direct final action, EPA is
providing the public with notice of, and
amending 40 CFR part 62 to reflect,
EPA’s receipt of the Michigan and
Wisconsin negative declarations. EPA is
publishing this rule without prior
proposal because EPA 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 amend 40 CFR part 62
to reflect receipt of the negative
declarations in the event adverse
written comments are filed. This rule
will be effective February 3, 2014
without further notice unless we receive
relevant adverse written comments by
January 2, 2014. 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. EPA then will
address all public comments 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 any part of this action 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
February 3, 2014.
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III. 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 notifies
the public of EPA receipt of a negative
declaration from an air pollution control
agency without any existing HMIWI
units in its state. This action imposes no
requirements. 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 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
recognizes the negative declaration for
existing HMIWI units from the MDEQ
and WDNR, 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.
With regard to negative declarations
for designated facilities received by EPA
from states, EPA’s role is to notify the
public of the receipt of such negative
declarations and revise 40 CFR Part 62
accordingly. In this context, in the
absence of a prior existing requirement
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for the state to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a section 111(d)/129 plan
negative declaration submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a section 111(d)/
129 negative declaration submission, to
use VCS in place of a section 111(d)/129
negative declaration 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 February 3, 2014. 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 Michigan’s and Wisconsin’s
section 111(d)/129 negative declarations
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.
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Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Rules and Regulations
Dated: November 8, 2013.
Susan Hedman,
Regional Administrator, Region 5.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
40 CFR part 62 is amended as follows:
50 CFR Part 622
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
[Docket No. 100217097–1757–02]
RIN 0648–XC981
Reef Fish Fishery of the Gulf of
Mexico; 2013 Accountability Measure
and Closure for Hogfish in the Gulf of
Mexico
1. The authority citation for part 62
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. Subpart X is amended by adding
new § 62.5610 and a new undesignated
center heading to read as follows:
CONTROL OF AIR EMISSIONS FROM
HOSPITAL/MEDICAL/INFECTIOUS
WASTE INCINERATORS
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
SUMMARY:
AGENCY:
■
§ 62.5610 Identification of plan—negative
declaration.
On August 9, 2013, the Michigan
Department of Environmental Quality
submitted a negative declaration letter
to EPA certifying that there are no
existing Hospital/Medical/Infectious
Waste Incinerators (HMIWI) units in the
State of Michigan subject to the
emissions guidelines at 40 CFR part 60,
subpart Ce.
3. Subpart YY is amended by adding
new § 62.12320 and a new undesignated
center heading to read as follows:
■
CONTROL OF AIR EMISSIONS FROM
HOSPITAL/MEDICAL/INFECTIOUS
WASTE INCINERATORS
§ 62.12320 Identification of plan—negative
declaration.
On July 15, 2013, the Wisconsin
Department of Natural Resources
submitted a negative declaration letter
to EPA certifying that there are no
existing Hospital/Medical/Infectious
Waste Incinerators (HMIWI) units in the
State of Wisconsin subject to the
emissions guidelines at 40 CFR part 60,
subpart Ce.
[FR Doc. 2013–28965 Filed 12–2–13; 8:45 am]
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NMFS implements
accountability measures (AMs) for the
commercial and recreational sectors for
hogfish in the exclusive economic zone
(EEZ) of the Gulf of Mexico (Gulf) for
the 2013 fishing year through this
temporary final rule. Based on the
commercial and recreational landings,
NMFS determined that the stock
(commercial and recreational) annual
catch limit (ACL) for Gulf hogfish has
been reached. Therefore, NMFS closes
the commercial and recreational sectors
for hogfish in the Gulf EEZ at 12:01
a.m., local time, December 2, 2013, until
January 1, 2014. This closure is
necessary to protect the Gulf hogfish
resource.
This rule is effective 12:01 a.m.,
local time on December 2, 2013, until
12:01 a.m., local time on January 1,
2014, unless changed by subsequent
notification in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Rich
Malinowski, Southeast Regional Office,
telephone 727–824–5305, email
rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef
fish fishery of the Gulf, which includes
hogfish, is managed under the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (Reef
Fish FMP). The Reef Fish FMP was
prepared by the Gulf of Mexico Fishery
Management Council (Council) and is
implemented through regulations at 50
CFR part 622 under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
On December 29, 2011, NMFS
published the final rule for the Generic
Annual Catch Limits/Accountability
Measures Amendment to the Red Drum,
Reef Fish Resources, Shrimp, and Coral
and Coral Reefs Fishery Management
Plans for the Gulf of Mexico (Generic
DATES:
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72583
ACL Amendment; 76 FR 82044) as
prepared and submitted by the Council.
This final rule, in part, implemented
changes to the Reef Fish FMP, including
setting a stock ACL and implementing
AMs for Gulf hogfish.
The Gulf hogfish stock ACL is 208,000
lb (94,347 kg), round weight, as
specified in 50 CFR 622.41(p).
In accordance with regulations at 50
CFR 622.41(p), if the sum of commercial
and recreational landings exceed the
stock ACL in a fishing year, then if the
stock ACL is again reached or projected
to be reached in the following fishing
year, NMFS is required to close the
commercial and recreational sectors for
hogfish for the remainder of that
following fishing year. NMFS
determined that the stock ACL for Gulf
hogfish was exceeded in the 2012
fishing year. Based on 2013 commercial
and recreational landings, NMFS has
determined that the stock ACL of
208,000 lb (94,347 kg), round weight, for
Gulf hogfish has been reached for the
2013 fishing year. Therefore, NMFS
implements the in-season AM and the
commercial and recreational harvest of
Gulf hogfish will close at 12:01 a.m.,
local time on December 2, 2013, until
12:01 a.m., local time on January 1,
2014.
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of Gulf hogfish and is
consistent with the Magnuson-Stevens
Act and other applicable laws.
This action is taken under 50 CFR
622.41(p) and is exempt from review
under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
This action responds to the best
scientific information available.
Pursuant to 5 U.S.C. 553(b)(B), there is
good cause to waive the requirements to
provide prior notice and opportunity for
public comment on this temporary rule
because such procedures are
unnecessary. The AMs state that NMFS
will file a notification with the Office of
the Federal Register to close the
commercial and recreational sectors for
Gulf hogfish for the remainder of the
fishing year if landings reach or are
projected to reach the stock ACL
specified in 50 CFR 622.41(p) in the
year following an overage of the hogfish
stock ACL. All that remains is to notify
the public of the reduced fishing season
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]]>Agencies
[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Rules and Regulations]
[Pages 72581-72583]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28965]
[[Page 72581]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R05-OAR-2013-0678; FRL-9903-33-Region-5]
Direct Final Approval of Hospital/Medical/Infectious Waste
Incinerator Negative Declaration for Designated Facilities and
Pollutants: Michigan and Wisconsin
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is notifying the public that we have received negative
declarations from Michigan and Wisconsin regarding Hospital/Medical/
Infectious Waste Incinerator (HMIWI) units within those states. The
Michigan Department of Environmental Quality (MDEQ) submitted its
negative declaration on August 9, 2013. The Wisconsin Department of
Natural Resources (WDNR) submitted its negative declaration on July 15,
2013. Each state notified EPA in its negative declaration letter that
there are no HMIWI units subject to the requirements of sections 111(d)
and 129 of the Clean Air Act (Act) currently operating in its state.
DATES: This direct final rule will be effective February 3, 2014,
unless EPA receives adverse comments by January 2, 2014. 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-2013-0678, 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) 692-2543.
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.
Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2013-0678. 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. Final EPA Action
III. Statutory and Executive Order Reviews
I. Background
Section 111(d) of the Act requires that EPA develop regulations
providing that states must submit to EPA plans establishing standards
of performance for certain existing sources of pollutants when a
standard of performance would apply to the existing source if it were a
new source, and if the pollutants are noncriteria pollutants (i.e.,
pollutants for which there is no national ambient air quality
standards) and are not on a list published under section 108 of the Act
or emitted from a source category regulated under section 112 of the
Act. Section 129 of the Act and 40 CFR part 60, Subpart B apply the
section 111(d) requirements to existing solid waste combustors,
including HMIWIs, and provide that EPA should include, as part of the
performance standards, emissions guidelines (EGs) that include the plan
elements required by section 129.
EPA promulgated new source performance standards and EGs for HWIMIs
on September 15, 1997 and December 19, 1995, respectively (62 FR 48382,
60 FR 65414), and amended them most recently on April 4, 2011 (76 FR
18407). The standards and EGs are codified at 40 CFR part 60, subparts
Ec and Ce, respectively. Thus, states were required to develop plans
for existing HWIMIs, pursuant to sections 111(d) and 129 of the Act and
40 CFR part 60, subpart B.
A HMIWI unit is defined in 40 CFR 60.51c as any device that
combusts any amount of hospital waste and/or medical/infectious waste.
The designated facilities to which the EGs apply are existing HMIWI
units that: (1) commenced construction on or before June 20, 1996, or
for which a modification was commenced on or before March 16, 1998; or
(2) commenced construction after June 20, 1996 but no later than
December 1, 2008, or for which a modification commenced after March 16,
1998 but no later than April 6, 2010, with limited exceptions as
provided in paragraphs 40 CFR 60.32e(b) through (h).
40 CFR part 60, subpart B contains general provisions applicable to
the
[[Page 72582]]
adoption and submittal of state plans for subject facilities under
sections 111(d) and 129 (111(d)/129 plan). 40 CFR part 62, subpart A
provides the procedural framework for the submission of the plans.
However, 40 CFR 60.23(b) and 62.06 provide that, if there are no
existing sources of the designated pollutant in a state, the state may
submit a letter of certification to that effect (i.e., a negative
declaration) in lieu of a plan. The negative declaration exempts the
state from the provisions of 40 CFR part 60, subpart B that require the
submittal of a 111(d)/129 plan.
On August 9, 2013, MDEQ submitted its HMIWI negative declaration,
in which it certifies that there are no HWIMI units currently operating
in Michigan. EPA received the negative declaration on August 16, 2013.
On July 15, 2013, WDNR submitted its HMIWI negative declaration, in
which it certifies that there are no HWIMI units currently operating in
Wisconsin. EPA received WDNR's negative declaration on July 23, 2013.
II. Final EPA Action
In this direct final action, EPA is providing the public with
notice of, and amending 40 CFR part 62 to reflect, EPA's receipt of the
Michigan and Wisconsin negative declarations. EPA is publishing this
rule without prior proposal because EPA 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 amend
40 CFR part 62 to reflect receipt of the negative declarations in the
event adverse written comments are filed. This rule will be effective
February 3, 2014 without further notice unless we receive relevant
adverse written comments by January 2, 2014. 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.
EPA then will address all public comments 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
any part of this action 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 February 3, 2014.
III. 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 notifies the public of EPA receipt of a negative declaration
from an air pollution control agency without any existing HMIWI units
in its state. This action imposes no requirements. 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
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 recognizes the negative declaration for existing
HMIWI units from the MDEQ and WDNR, 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.
With regard to negative declarations for designated facilities
received by EPA from states, EPA's role is to notify the public of the
receipt of such negative declarations and revise 40 CFR Part 62
accordingly. 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 negative
declaration submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a section
111(d)/129 negative declaration submission, to use VCS in place of a
section 111(d)/129 negative declaration 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 February 3, 2014. 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 Michigan's and Wisconsin's section 111(d)/129
negative declarations 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.
[[Page 72583]]
Dated: November 8, 2013.
Susan Hedman,
Regional Administrator, Region 5.
40 CFR part 62 is amended as follows:
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
0
2. Subpart X is amended by adding new Sec. 62.5610 and a new
undesignated center heading to read as follows:
CONTROL OF AIR EMISSIONS FROM HOSPITAL/MEDICAL/INFECTIOUS WASTE
INCINERATORS
Sec. 62.5610 Identification of plan--negative declaration.
On August 9, 2013, the Michigan Department of Environmental Quality
submitted a negative declaration letter to EPA certifying that there
are no existing Hospital/Medical/Infectious Waste Incinerators (HMIWI)
units in the State of Michigan subject to the emissions guidelines at
40 CFR part 60, subpart Ce.
0
3. Subpart YY is amended by adding new Sec. 62.12320 and a new
undesignated center heading to read as follows:
CONTROL OF AIR EMISSIONS FROM HOSPITAL/MEDICAL/INFECTIOUS WASTE
INCINERATORS
Sec. 62.12320 Identification of plan--negative declaration.
On July 15, 2013, the Wisconsin Department of Natural Resources
submitted a negative declaration letter to EPA certifying that there
are no existing Hospital/Medical/Infectious Waste Incinerators (HMIWI)
units in the State of Wisconsin subject to the emissions guidelines at
40 CFR part 60, subpart Ce.
[FR Doc. 2013-28965 Filed 12-2-13; 8:45 am]
BILLING CODE 6560-50-P
