Approval and Promulgation of State Plans for Designated Facilities and Pollutants, State of Wyoming; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incinerator Units, Plan Revision, 67918-67920 [2016-23584]
Download as PDF
<![CDATA[
67918
Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Rules and Regulations
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R08–OAR–2016–0197; FRL–9953–13–
Region 8]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants, State of Wyoming; Control
of Emissions From Existing Hospital/
Medical/Infectious Waste Incinerator
Units, Plan Revision
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking direct final
action to approve a revision to the
Wyoming hospital/medical/infectious
waste incinerator (HMIWI) Section
111(d)/129 plan (the ‘‘plan’’). The plan
was submitted to the EPA to fulfill
requirements of the Clean Air Act (CAA)
and to implement and enforce the
emissions guidelines (EG) for existing
hospital/medical/infectious waste
incinerators (HMIWI). The plan
establishes emission limits; operator
training and qualification requirements;
performance testing, monitoring, and
inspection requirements; and
requirements for a waste management
plan and reporting and recordkeeping
requirements for existing hospital/
medical/infectious waste incinerator
units as specified in the October 6,
2009, amendments to the federal EG and
New Source Performance Standards
(NSPS), 40 CFR part 60, subparts Ce and
Ec, respectively.
DATES: This direct final rule is effective
on December 2, 2016 without further
notice, unless the EPA receives adverse
written comments by November 2, 2016.
If adverse comments are received, the
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–R08–
OAR–2016–0197 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
rmajette on DSK2TPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
14:33 Sep 30, 2016
Jkt 241001
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Kendra Morrison, Air Program, U.S.
Environmental Protection Agency,
Region 8, 1595 Wynkoop Street, Denver,
Colorado 80202–1129, (303) 312–6145,
morrison.kendra@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why is EPA using a direct final rule?
The EPA is publishing this rule
without prior proposal because we view
this as a noncontroversial amendment
and anticipate no adverse comments.
However, in the ‘‘Proposed Rules’’
section of today’s Federal Register
publication, we are publishing a
separate document that will serve as the
proposal to approve the revision if
adverse comments are received on this
direct final rule. We will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time. For further
information about commenting on this
rule, see the ADDRESSES section of this
document.
If the EPA receives adverse comment,
we will publish a timely withdrawal in
the Federal Register informing the
public that this direct final will not take
effect. We would address all public
comments in any subsequent final rule
based on the proposed rule.
II. What should I consider as I prepare
my comments for the EPA?
A. Submitting Confidential Business
Information (CBI). Do not submit CBI to
EPA through https://www.regulations.gov
or email. Clearly mark the part or all of
the information that you claim to be
CBI. For CBI information on a disk or
CD ROM that you mail to the EPA, mark
the outside of the disk or CD ROM as
CBI and then identify electronically
within the disk or CD ROM the specific
information that is claimed as CBI. In
addition to one complete version of the
comment that includes information
claimed as CBI, a copy of the comment
that does not contain the information
claimed as CBI must be submitted for
inclusion in the public docket.
Information so marked will not be
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
disclosed except in accordance with
procedures set forth in 40 CFR part 2.
B. Tips for preparing your comments.
When submitting comments, remember
to:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register volume, date, and page
number);
• Follow directions and organize your
comments;
• Explain why you agree or disagree;
• Suggest alternatives and substitute
language for your requested changes;
• Describe any assumptions and
provide any technical information and/
or data that you used;
• If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced;
• Provide specific examples to
illustrate your concerns, and suggest
alternatives;
• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats; and,
III. Background
The EPA’s statutory authority for the
regulation of new and existing solid
waste incineration units is outlined in
the CAA sections 111 and 129. Section
129 of the CAA is specific to solid waste
combustion, and requires the EPA to
establish performance standards for
each category of solid waste
incineration units. Section 111 of the
Act gives EPA the statutory authority to
promulgate NSPS, applicable to new
units, and/or EG for existing units. EG
are implemented and enforced through
either an EPA-approved state plan or a
promulgated federal plan. Section
129(b)(2) requires states to submit to the
EPA for approval state plans that
implement and enforce the promulgated
EG. Section 129(b)(3) requires the EPA
to promulgate a federal plan (FP) within
two years from the date on which the
EG, or amendment, was promulgated.
The FP is applicable to any affected
facility if the state has failed to receive
the EPA approval of the state plan, or
revision. The FP acts as an enforcement
place holder until the state submits and
receives the EPA approval of its plan.
State plan submittals must be consistent
with the relevant emissions guidelines,
in this instance 40 CFR part 60, subpart
Ce, and the requirements of 40 CFR part
60, subpart B and part 62, subpart A.
Section 129 of the CAA regulates the
following substances or mixtures:
Organics (dioxins/furans), carbon
monoxide, metals (cadmium, lead, and
mercury), acid gases (hydrogen chloride,
sulfur dioxide, and nitrogen oxides) and
E:\FR\FM\03OCR1.SGM
03OCR1
Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Rules and Regulations
particulate matter (which includes
opacity). The initial Wyoming plan for
HMIWI units was approved by the EPA
on August 21, 2000 (65 FR 38732). The
plan approval is codified in 40 CFR part
62, subpart ZZ. On May 13, 2015, the
Wyoming Department of Environmental
Quality (DEQ) submitted to the EPA a
revised Section 111(d)/129 plan for
HMIWI units. The DEQ made minor
edits to the plan at the request of the
EPA and the DEQ revised and
resubmitted its submission to the EPA
on November 24, 2015. The submitted
plan revision was in response to the
October 6, 2009 amendments to federal
EG and NSPS requirements for HMIWI
units, 40 CFR part 60, subparts Ce and
Ec, respectively (74 FR 51367). This
rulemaking action will supersede the
EPA’s August 21, 2000 (65 FR 38732)
approval of Wyoming’s initial plan.
rmajette on DSK2TPTVN1PROD with RULES
IV. Summary of Wyoming’s HMIWI
Plan Revision
The EPA has reviewed the Wyoming
HMIWI plan revision submittal in the
context of the requirements of 40 CFR
part 60, subparts B and Ce, as amended,
and part 62, subpart A. The plan
contained (1) a demonstration of
Wyoming’s legal authority to implement
the plan; (2) identification and a copy of
the state’s adoption of Subpart Ce into
rule Wyoming Air Quality Standards
and Regulations (WAQSR) Chapter 4,
Section 5, and Chapter 5 as the
mechanism to enforce the emissions
guidelines; (3) an inventory of one
known designated facility and an
inventory of its air emissions; (4)
emission limits that are as protective as
the emissions guidelines; (5) a final
compliance date no later than October 6,
2014; (6) testing, monitoring, inspection,
operator training and qualification,
waste management plan, and
recordkeeping and reporting
requirements for the designated
facilities; (7) documentation of public
hearing(s) on the plan; (8) provisions to
submit annual state progress reports to
the EPA; and (9) a commitment to the
EPA that all Title V operating permits,
modifications, and renewals for
designated facilities will specify all
applicable state requirements and 40
CFR part 62, subpart ZZ. The submitted
plan revision meets all requirements of
40 CFR part 60, subparts B and Ce, as
amended, and part 62, subpart A.
V. What action is the EPA taking today?
The EPA is approving the Wyoming
HMIWI Section 111(d)/129 plan
revision that reflects amendments made
to 40 CFR part 60, subparts Ce and Ec.
Therefore, the EPA is amending 40 CFR
part 62, subpart ZZ to reflect this action.
VerDate Sep<11>2014
14:33 Sep 30, 2016
Jkt 241001
This approval is based on the EPA’s
review of the plan, discussed above.
This plan revision approval does not
negate or void any of the initial August
21, 2000 plan approval requirements,
including compliance dates for any
affected facility. The scope of this plan
revision approval is limited to the
provisions of 40 CFR parts 60 and 62 for
existing HMIWI units, as referenced in
the EG, subpart Ce, and the related
NSPS, subpart Ec, as amended.
The EPA is publishing this rule
without prior proposal because we view
this as a noncontroversial amendment
and anticipate no adverse comments.
However, in the Proposed Rules section
of today’s Federal Register publication,
we are publishing a separate document
that will serve as the proposal to
approve the revision if adverse
comments are filed. This rule will be
effective December 2, 2016 without
further notice unless we receive adverse
comments by November 2, 2016. If we
receive adverse comments, we will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. We will
address all public comments in a
subsequent final rule based on the
proposed rule. We will not institute a
second comment period on this action.
Any parties interested in commenting
must do so at this time. Please note that
if we receive adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
VI. Statutory and Executive Orders
Review
Under the Clean Air Act, the
Administrator is required to approve a
Section 111(d)/129 plan submission that
complies with the provisions of the Act
and applicable federal regulations 42
U.S.C. 7410(k); 40 CFR 52.02(a). Thus,
in reviewing Section 111(d)/129 plan
submissions, the EPA’s role is to
approve state actions, provided that
they meet the criteria of the Clean Air
Act. Accordingly, this direct final action
merely approves some 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
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
67919
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact in 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 Clean Air Act;
and
• Does not provide the 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).
The state plan is not approved to
apply on any Indian reservation land or
in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian Country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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. The EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
E:\FR\FM\03OCR1.SGM
03OCR1
67920
Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Rules and Regulations
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by December 2,
2016. 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 the 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).)
§ 62.12611
Identification of sources.
The plan applies to each individual
hospital/medical/infectious waste
incinerator:
(a) For which construction was
commenced on or before June 20, 1996,
or for which modification was
commenced on or before March 16,
1998.
(b) For which construction was
commenced 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.
■ 4. Section 62.12612 is revised to read
as follows:
§ 62.12612
Effective date.
The effective date of the plan for
hospital/medical/infectious waste
incinerators is December 2, 2016.
Editorial Note: This document was
received for publication by the Office of the
Federal Register on September 26, 2016.
[FR Doc. 2016–23584 Filed 9–30–16; 8:45 am]
BILLING CODE 6560–50–P
List of Subjects in 40 CFR Part 62
I. General Information
Environmental protection, Air
pollution control, Solid waste
incineration, Hospital/medical/
infectious waste incineration.
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
Authority: 42 U.S.C. 7401 et seq.
[EPA–HQ–OPP–2014–0920; FRL–9947–92]
Dated: May 17, 2016.
Shaun L. McGrath,
Regional Administrator, Region 8.
Bacillus Mycoides Isolate J; Exemption
From the Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
40 CFR part 62, subpart ZZ, is
amended as follows:
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
1. The authority citation for part 62
continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart ZZ—Wyoming
2. Section 62.12610 is revised to read
as follows:
■
rmajette on DSK2TPTVN1PROD with RULES
Identification of plan.
Section 111(d)/129 Plan for Hospital/
Medical/Infectious Waste Incinerators
and the associated State regulation,
Chapter 4, Section 5, and Chapter 5 of
the Wyoming Air Quality Standards and
Regulations, submitted by the State on
September 7, 1999 and November 9,
1999, and as amended on May 13, 2015
and November 24, 2015.
3. Section 62.12611 is revised to read
as follows:
■
VerDate Sep<11>2014
16:23 Sep 30, 2016
Jkt 241001
This regulation establishes an
exemption from the requirement of a
tolerance for residues of Bacillus
mycoides isolate J in or on all
agricultural commodities when used in
accordance with label directions and
good agricultural practices. Certis USA
LLC submitted a petition to EPA under
the Federal Food, Drug, and Cosmetic
Act (FFDCA), requesting an exemption
from the requirement of a tolerance.
This regulation eliminates the need to
establish a maximum permissible level
for residues of Bacillus mycoides isolate
J under FFDCA.
DATES: This regulation is effective
October 3, 2016. Objections and
requests for hearings must be received
on or before December 2, 2016, and
must be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2014–0920, is
SUMMARY:
■
§ 62.12610
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Robert McNally, Biopesticides and
Pollution Prevention Division (7511P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; main telephone
number: (703) 305–7090; email address:
BPPDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a(g), any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
E:\FR\FM\03OCR1.SGM
03OCR1
]]>Agencies
[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Rules and Regulations]
[Pages 67918-67920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23584]
[[Page 67918]]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R08-OAR-2016-0197; FRL-9953-13-Region 8]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants, State of Wyoming; Control of Emissions From
Existing Hospital/Medical/Infectious Waste Incinerator Units, Plan
Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve a revision to the Wyoming hospital/medical/
infectious waste incinerator (HMIWI) Section 111(d)/129 plan (the
``plan''). The plan was submitted to the EPA to fulfill requirements of
the Clean Air Act (CAA) and to implement and enforce the emissions
guidelines (EG) for existing hospital/medical/infectious waste
incinerators (HMIWI). The plan establishes emission limits; operator
training and qualification requirements; performance testing,
monitoring, and inspection requirements; and requirements for a waste
management plan and reporting and recordkeeping requirements for
existing hospital/medical/infectious waste incinerator units as
specified in the October 6, 2009, amendments to the federal EG and New
Source Performance Standards (NSPS), 40 CFR part 60, subparts Ce and
Ec, respectively.
DATES: This direct final rule is effective on December 2, 2016 without
further notice, unless the EPA receives adverse written comments by
November 2, 2016. If adverse comments are received, the 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-R08-
OAR-2016-0197 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Kendra Morrison, Air Program, U.S.
Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, (303) 312-6145, morrison.kendra@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why is EPA using a direct final rule?
The EPA is publishing this rule without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the ``Proposed Rules'' section of today's Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the revision if adverse comments are
received on this direct final rule. We will not institute a second
comment period on this action. Any parties interested in commenting
must do so at this time. For further information about commenting on
this rule, see the ADDRESSES section of this document.
If the EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final will not take effect. We would address all public comments
in any subsequent final rule based on the proposed rule.
II. What should I consider as I prepare my comments for the EPA?
A. Submitting Confidential Business Information (CBI). Do not
submit CBI to EPA through https://www.regulations.gov or email. Clearly
mark the part or all of the information that you claim to be CBI. For
CBI information on a disk or CD ROM that you mail to the EPA, mark the
outside of the disk or CD ROM as CBI and then identify electronically
within the disk or CD ROM the specific information that is claimed as
CBI. In addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
B. Tips for preparing your comments. When submitting comments,
remember to:
Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register volume,
date, and page number);
Follow directions and organize your comments;
Explain why you agree or disagree;
Suggest alternatives and substitute language for your
requested changes;
Describe any assumptions and provide any technical
information and/or data that you used;
If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced;
Provide specific examples to illustrate your concerns, and
suggest alternatives;
Explain your views as clearly as possible, avoiding the
use of profanity or personal threats; and,
III. Background
The EPA's statutory authority for the regulation of new and
existing solid waste incineration units is outlined in the CAA sections
111 and 129. Section 129 of the CAA is specific to solid waste
combustion, and requires the EPA to establish performance standards for
each category of solid waste incineration units. Section 111 of the Act
gives EPA the statutory authority to promulgate NSPS, applicable to new
units, and/or EG for existing units. EG are implemented and enforced
through either an EPA-approved state plan or a promulgated federal
plan. Section 129(b)(2) requires states to submit to the EPA for
approval state plans that implement and enforce the promulgated EG.
Section 129(b)(3) requires the EPA to promulgate a federal plan (FP)
within two years from the date on which the EG, or amendment, was
promulgated. The FP is applicable to any affected facility if the state
has failed to receive the EPA approval of the state plan, or revision.
The FP acts as an enforcement place holder until the state submits and
receives the EPA approval of its plan. State plan submittals must be
consistent with the relevant emissions guidelines, in this instance 40
CFR part 60, subpart Ce, and the requirements of 40 CFR part 60,
subpart B and part 62, subpart A. Section 129 of the CAA regulates the
following substances or mixtures: Organics (dioxins/furans), carbon
monoxide, metals (cadmium, lead, and mercury), acid gases (hydrogen
chloride, sulfur dioxide, and nitrogen oxides) and
[[Page 67919]]
particulate matter (which includes opacity). The initial Wyoming plan
for HMIWI units was approved by the EPA on August 21, 2000 (65 FR
38732). The plan approval is codified in 40 CFR part 62, subpart ZZ. On
May 13, 2015, the Wyoming Department of Environmental Quality (DEQ)
submitted to the EPA a revised Section 111(d)/129 plan for HMIWI units.
The DEQ made minor edits to the plan at the request of the EPA and the
DEQ revised and resubmitted its submission to the EPA on November 24,
2015. The submitted plan revision was in response to the October 6,
2009 amendments to federal EG and NSPS requirements for HMIWI units, 40
CFR part 60, subparts Ce and Ec, respectively (74 FR 51367). This
rulemaking action will supersede the EPA's August 21, 2000 (65 FR
38732) approval of Wyoming's initial plan.
IV. Summary of Wyoming's HMIWI Plan Revision
The EPA has reviewed the Wyoming HMIWI plan revision submittal in
the context of the requirements of 40 CFR part 60, subparts B and Ce,
as amended, and part 62, subpart A. The plan contained (1) a
demonstration of Wyoming's legal authority to implement the plan; (2)
identification and a copy of the state's adoption of Subpart Ce into
rule Wyoming Air Quality Standards and Regulations (WAQSR) Chapter 4,
Section 5, and Chapter 5 as the mechanism to enforce the emissions
guidelines; (3) an inventory of one known designated facility and an
inventory of its air emissions; (4) emission limits that are as
protective as the emissions guidelines; (5) a final compliance date no
later than October 6, 2014; (6) testing, monitoring, inspection,
operator training and qualification, waste management plan, and
recordkeeping and reporting requirements for the designated facilities;
(7) documentation of public hearing(s) on the plan; (8) provisions to
submit annual state progress reports to the EPA; and (9) a commitment
to the EPA that all Title V operating permits, modifications, and
renewals for designated facilities will specify all applicable state
requirements and 40 CFR part 62, subpart ZZ. The submitted plan
revision meets all requirements of 40 CFR part 60, subparts B and Ce,
as amended, and part 62, subpart A.
V. What action is the EPA taking today?
The EPA is approving the Wyoming HMIWI Section 111(d)/129 plan
revision that reflects amendments made to 40 CFR part 60, subparts Ce
and Ec. Therefore, the EPA is amending 40 CFR part 62, subpart ZZ to
reflect this action. This approval is based on the EPA's review of the
plan, discussed above. This plan revision approval does not negate or
void any of the initial August 21, 2000 plan approval requirements,
including compliance dates for any affected facility. The scope of this
plan revision approval is limited to the provisions of 40 CFR parts 60
and 62 for existing HMIWI units, as referenced in the EG, subpart Ce,
and the related NSPS, subpart Ec, as amended.
The EPA is publishing this rule without prior proposal because we
view this as a noncontroversial amendment and anticipate no adverse
comments. However, in the Proposed Rules section of today's Federal
Register publication, we are publishing a separate document that will
serve as the proposal to approve the revision if adverse comments are
filed. This rule will be effective December 2, 2016 without further
notice unless we receive adverse comments by November 2, 2016. If we
receive adverse comments, we will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. We will address all public comments in a subsequent final rule
based on the proposed rule. We will not institute a second comment
period on this action. Any parties interested in commenting must do so
at this time. Please note that if we receive adverse comment on an
amendment, paragraph, or section of this rule and if that provision may
be severed from the remainder of the rule, we may adopt as final those
provisions of the rule that are not the subject of an adverse comment.
VI. Statutory and Executive Orders Review
Under the Clean Air Act, the Administrator is required to approve a
Section 111(d)/129 plan submission that complies with the provisions of
the Act and applicable federal regulations 42 U.S.C. 7410(k); 40 CFR
52.02(a). Thus, in reviewing Section 111(d)/129 plan submissions, the
EPA's role is to approve state actions, provided that they meet the
criteria of the Clean Air Act. Accordingly, this direct final action
merely approves some 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
in 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 Clean Air Act; and
Does not provide the 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).
The state plan is not approved to apply on any Indian reservation
land or in any other area where EPA or an Indian tribe has demonstrated
that a tribe has jurisdiction. In those areas of Indian Country, the
rule does not have tribal implications and will not impose substantial
direct costs on tribal governments or preempt tribal law as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000).
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. The EPA will submit a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
[[Page 67920]]
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 2, 2016. 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 the 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, Air pollution control, Solid waste
incineration, Hospital/medical/infectious waste incineration.
Authority: 42 U.S.C. 7401 et seq.
Dated: May 17, 2016.
Shaun L. McGrath,
Regional Administrator, Region 8.
40 CFR part 62, subpart ZZ, is amended as follows:
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart ZZ--Wyoming
0
2. Section 62.12610 is revised to read as follows:
Sec. 62.12610 Identification of plan.
Section 111(d)/129 Plan for Hospital/Medical/Infectious Waste
Incinerators and the associated State regulation, Chapter 4, Section 5,
and Chapter 5 of the Wyoming Air Quality Standards and Regulations,
submitted by the State on September 7, 1999 and November 9, 1999, and
as amended on May 13, 2015 and November 24, 2015.
0
3. Section 62.12611 is revised to read as follows:
Sec. 62.12611 Identification of sources.
The plan applies to each individual hospital/medical/infectious
waste incinerator:
(a) For which construction was commenced on or before June 20,
1996, or for which modification was commenced on or before March 16,
1998.
(b) For which construction was commenced 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.
0
4. Section 62.12612 is revised to read as follows:
Sec. 62.12612 Effective date.
The effective date of the plan for hospital/medical/infectious
waste incinerators is December 2, 2016.
Editorial Note: This document was received for publication by
the Office of the Federal Register on September 26, 2016.
[FR Doc. 2016-23584 Filed 9-30-16; 8:45 am]
BILLING CODE 6560-50-P
