Air Plan Approval; Ohio; Hospital/Medical/Infectious Waste Incinerator Withdrawal for Designated Facilities and Pollutants, 14232-14234 [2018-06748]

Download as PDF 14232 Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Proposed Rules TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued Date Sponsor/name Sector Ohio Valley location Safety zone 65. 1 day—During the first two weeks of July City of Maysville Fireworks ............................ Maysville, KY ............. 66. 1 day—Saturday before Memorial Day .... Venture Outdoors/Venture Outdoors Festival Pittsburgh, PA ............ 67. 1 day—Third Saturday in July .................. Pittsburgh Irish Rowing Club/St. Brendan’s Cup Currach Regatta. Wellsburg 4th of July Committee/Wellsburg 4th of July Freedom Celebration. Newburgh Fireworks Display ......................... Pittsburgh, PA ............ Ohio River, Mile 408–409 (Kentucky). Allegheny River, Mile 0.0–0.25; Monongahela River, Mile 0.0–0.25 (Pennsylvania). Ohio River, Mile 7.0–9.0 (Pennsylvania). Wellsburg, WV ........... Ohio River, Mile 73.5–74.5 (West Virginia). Newburgh, IN ............. Ohio River, Mile 777.3–778.3 (Indiana). Henderson, KY .......... Ohio River, Mile 802.5–805.5 (Kentucky). Gallipolis, OH ............. Point Pleasant, WV .... Marmet, WV ............... Ohio River, Mile 269.2–270 (Ohio). Ohio River, Mile 264.6–265.6 (West Virginia). Kanawha River, Mile 67.5–68 (West Virginia). Ohio River, Mile 220–221 (West Virginia). Ohio River, Mile 339.3–340.3 (West Virginia). Cumberland River, Mile 189.7–192.1 (Tennessee). Cumberland River, Mile 190.1–192.3 (Tennessee). Tennessee River, Mile 452.0–454.5 (Tennessee). Tennessee River, Mile 462.7–465.2 (Tennessee). Tennessee River, Mile 462.7–465.2 (Tennessee). Tennessee River, Mile 645.6–648.3 (Tennessee). Tennessee River, Mile 625.0–628.0 (Tennessee). Cumberland River, Mile 124.5–127.0 (Tennessee). Tennessee River, Mile 462.7–465.5 (Tennessee). Ohio River, Mile 460.0–462.0 (Ohio). Ohio River, Mile 460.0–462.0 (Ohio). Ohio River, Mile 469.0–471.0. Ohio River mile 90.4–91.5 (West Virginia). 68. 1 day—July 4th ......................................... 69. 1 day—Last week in June or first week of July. 70. 3 days—Third or Fourth weekend in April 71. 1 day—Third week of November ............. 72. 1 day—One weekend in September ........ 73. 1 day—Labor Day or first week of September. 74. 1 day—One weekend in August .............. 75. 1 day—First weekend or week in July ..... 76. 1 day—First weekend in June .................. Henderson Tri-Fest/Henderson Breakfast Lions Club. Gallipolis in Lights .......................................... Tribute to the River ........................................ Labor Day Fireworks Show ............................ Ravenswood River Festival ............................ Queen’s Landing Fireworks ........................... Cumberland River Compact/Nashville Splash Bash. Nashville Symphony/Concert Fireworks ........ Ravenswood, WV ...... Greenup, KY .............. Nashville, TN ............. Outdoor Chattanooga/Swim the Suck ............ Chattanooga, TN ....... Friends of the Festival/Cheer at the Pier ....... Chattanooga, TN ....... Chattanooga Presents/Pops on the River ..... Chattanooga, TN ....... Knoxville, TN .............. 83. 1 day—Second weekend in September ... University of Tennessee/UT Football Fireworks. Randy Boyd/Independence Celebration Fireworks Display. City of Clarksville/Clarksville Riverfest ........... Clarksville, TN ............ 84. 1 day—Fourth weekend in October ......... Chattajack ....................................................... Chattanooga, TN ....... 85. 1 day—First week in May ......................... 86. 1 day—First week of July ......................... 87. 1 day—First week in August .................... 88. 1 day—last 2 weekends in August/first week of September. 89. 1 day—week of July 4th ........................... 90. 1 day—week of July 4th ........................... 91. 1 day—First week of August .................... Belterra Park Gaming Fireworks .................... Cincinnati Symphony Orchestra ..................... Gliers Goetta Fest LLC .................................. Wheeling Dragon Boat Race ......................... Cincinnati, OH ............ Cincinnati, OH ............ Newport, KY ............... Wheeling, WV ............ Wheeling Symphony fireworks ....................... Chester Fireworks .......................................... Kittaning Folk Festival .................................... Wheeling, WV ............ Chester, WV .............. Kittanning, PA ............ 92. 2 days—One weekend in August ............. Powerboat Nationals—Parkersburg Regatta/ Parkersburg Homecoming Festival. Parkersburg Homecoming Festival—Fireworks. Parkersburg, WV ....... Ohio River Ohio River Allegheny vania). Ohio River Parkersburg, WV ....... Ohio River mile 183.5–185.5 (West Virginia). 77. 1 day—Second weekend in September ... 78. 1 day—Second or third weekend in October. 79. 1 day—Friday or Saturday after Thanksgiving. 80. 1 day—July 3rd ........................................ 81. 7 days—Scheduled home games ............ 82. 1 day—July 3rd ........................................ 93. 1 day—One weekend in August .............. * * * * * Dated: March 27, 2018. M.B. Zamperini, Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley. [FR Doc. 2018–06739 Filed 4–2–18; 8:45 am] BILLING CODE 9110–04–P Nashville, TN ............. Knoxville, TN .............. ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 62 [EPA–R05–OAR–2018–0113; FRL–9976–13Region 5] Air Plan Approval; Ohio; Hospital/ Medical/Infectious Waste Incinerator Withdrawal for Designated Facilities and Pollutants Environmental Protection Agency (EPA). ACTION: Proposed rule. nshattuck on DSK9F9SC42PROD with PROPOSALS AGENCY: The Environmental Protection Agency (EPA) is proposing to approve Ohio’s request for withdrawal of the previously approved Hospital/Medical/ Infectious Waste Incinerator (HMIWI) State Plan. The Ohio Environmental SUMMARY: VerDate Sep<11>2014 14:20 Apr 02, 2018 Jkt 244001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 mile 90–92 (West Virginia). mile 42.0–44.0 (West Virginia). River mile 44.0–46.0 (Pennsylmile 183.5–185.5 (West Virginia). Protection Agency (OEPA) submitted its HMIWI withdrawal on January 24, 2018, certifying that there is only one HMIWI unit currently operating in the state of Ohio and requesting that the Federal Plan apply to the single source in the State. Comments must be received on or before May 3, 2018. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2018–0113, at https:// www.regulations.gov or via email to cain.alexis@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. DATES: E:\FR\FM\03APP1.SGM 03APP1 Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Proposed Rules 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. 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, please contact the person identified in the ‘‘For Further Information Contact’’ section. For 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: 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: nshattuck on DSK9F9SC42PROD with PROPOSALS I. Background II. Proposed EPA Action III. Statutory and Executive Order Reviews I. Background Section 111(d) of the Clean Air Act (Act) requires that EPA develop regulations providing that states must submit to EPA plans establishing standards of performance for certain existing sources of pollutants. A standard of performance would apply to the existing source if it were an existing source, and if the pollutants are noncriteria pollutants (i.e., pollutants for which there is no national ambient air quality standard) 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. The regulation at 40 CFR part 60, subpart B contains general provisions applicable to the adoption and submittal VerDate Sep<11>2014 14:20 Apr 02, 2018 Jkt 244001 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. EPA promulgated new source performance standards and EGs for HMIWIs on September 15, 1997 (62 FR 48382), and amended them most recently on October 6, 2009 (74 FR 51367) and April 4, 2011 (76 FR 18407). The standards and EGs are codified at 40 CFR part 60, subparts Ce and Ec, respectively. States were required to revise plans for existing HMIWIs, pursuant to sections 111(d) and 129 of the Act and 40 CFR part 60, subpart B. OEPA submitted a HMIWI State Plan on October 18, 2005. EPA approved the State Plan under 40 CFR 62.8880, and the State Plan became effective on August 6, 2007 (72 FR 36605). On May 13, 2013, EPA finalized the Federal Plan under 40 CFR part 62, subpart HHH (78 FR 28052). A HMIWI unit as defined in 40 CFR 60.31e, means any device that combusts any amount of hospital waste and/or medical/infectious waste. The designated facilities to which the original EG’s applied were existing HMIWI units that: (1) For which construction was commenced on or before June 20, 1996, or for which modification was commenced on or before March 16, 1998; or (2) 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. On January 21, 2018, OEPA submitted its HMIWI withdrawal, in which it certifies that there is only one HMIWI unit currently operating in Ohio. On January 18, 2013, OEPA confirmed that two of the four HMIWI units had shut down. Since that time an additional HMIWI unit has shut down. The only remaining HMIWI unit is at Stericycle, Inc, located in Warren, OH. Because there is only one source, OEPA is requesting that the previously approved State Plan be withdrawn and that the Federal Plan apply to the source. Although Section 111(d) requires States to submit State Plans, EPA understands that the extensive amendments that would be required by OEPA to revise Ohio’s previously approved State Plan to make it consistent with the revisions would be disproportionate to the single affected source in Ohio. EPA’s Federal Plan implementing the EG’s would apply to the remaining source in Ohio (as well as to any existing affected sources if found at a later date). Ohio would be PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 14233 implementing and enforcing the Federal Plan through its Title V permitting process. This action should not be construed as an approval of a State Plan or delegation of the Federal Plan and that Ohio’s Section 111(d)/129 obligations are separate from Ohio’s obligations under Title V of the Act. Ohio understands and accepts this limitation. II. Proposed EPA Action EPA is proposing to approve Ohio’s request for withdrawal of a previously approved State Plan and amending 40 CFR part 62 to reflect OEPA’s withdrawal. OEPA submitted its HMIWI withdrawal on January 21, 2018 certifying that there is only one HMIWI unit, as defined under 40 CFR 60.31e, currently operating in the state of Ohio and requested that the Federal Plan apply to the single source in the State. EPA understands that the extensive amendments that would be required by OEPA to revise Ohio’s previously approved State Plan to make it consistent with the revisions would be disproportionate to the single affected source in Ohio, and is proposing to approve the withdrawal and have the Federal Plan apply to the known affected source. III. Statutory and Executive Order Reviews General Requirements This action is not a ‘‘significant regulatory action’’ under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and therefore is not subject to review by the Office of Management and Budget under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011). 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 is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because this action is not significant under E.O. 12866. This action merely approves state law as meeting Federal requirements and merely notifies the public of EPA’ approval for a withdrawal of a previously approved HMIWI State Plan. This action imposes no requirements beyond those imposed by the state. Accordingly, the Administrator certifies that this proposed 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 rulemaking E:\FR\FM\03APP1.SGM 03APP1 nshattuck on DSK9F9SC42PROD with PROPOSALS 14234 Federal Register / Vol. 83, No. 64 / Tuesday, April 3, 2018 / Proposed Rules 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 proposed rule 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 rulemaking 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). 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 withdrawal, and does not alter the relationship or the distribution of power and responsibilities established in the Act. This rulemaking also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it approves a withdrawal. 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. With regard to withdrawals for designated facilities received by EPA from states, EPA’s role is to notify the public of the approval of the State’s withdrawal 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 withdrawal for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a section 111(d)/ 129 withdrawal, to use VCS in place of a section 111(d)/129 withdrawal 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 rulemaking does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). VerDate Sep<11>2014 14:20 Apr 02, 2018 Jkt 244001 List of Subjects in 40 CFR Part 62 Environmental protection, Administrative practice and procedure, Air pollution control, Hospital/medical/ infectious waste incinerators, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: March 20, 2018. Edward H. Chu, Acting Regional Administrator, Region 5. [FR Doc. 2018–06748 Filed 4–2–18; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 171222999–8208–01] RIN 0648–BH46 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic Region; Abbreviated Framework Amendment 1 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: NMFS proposes to implement management measures described in Abbreviated Framework Amendment 1 (Abbreviated Framework 1) to the Fishery Management Plan (FMP) for the Snapper-Grouper Fishery of the South Atlantic Region, as prepared and submitted by the South Atlantic Fishery Management Council (Council). If implemented, this proposed rule would reduce the commercial and recreational annual catch limits (ACLs) for red grouper in the exclusive economic zone (EEZ) of the South Atlantic. The purpose of the proposed rule is to address the overfishing of red grouper. DATES: Written comments must be received by May 3, 2018. ADDRESSES: You may submit comments on the proposed rule, identified by ‘‘NOAA–NMFS–2017–0162’’ by any of the following methods: • Electronic Submission: Submit all electronic comments via the Federal Rulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20170162, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. SUMMARY: PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 • Mail: Submit all written comments to Frank Helies, NMFS Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 33701. • Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in required fields if you wish to remain anonymous). Electronic copies of Abbreviated Framework 1, which includes an environmental assessment, Regulatory Flexibility Act (RFA) analysis, and a regulatory impact review, may be obtained from www.regulations.gov or the Southeast Regional Office website at https://sero.nmfs.noaa.gov/sustainable_ fisheries/s_atl/sg/2017/red_grouper_ framework/. FOR FURTHER INFORMATION CONTACT: Frank Helies, NMFS SERO, telephone: 727–824–5305, email: Frank.Helies@ noaa.gov. The snapper-grouper fishery in the South Atlantic region is managed under the FMP and includes red grouper, along with other snapper-grouper species. The FMP was prepared by the Council and is implemented by NMFS through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). All weights described in this proposed rule are in round weight. SUPPLEMENTARY INFORMATION: Background The Magnuson-Stevens Act requires NMFS and regional fishery management councils to prevent overfishing and achieve, on a continuing basis, the optimum yield from federally managed fish stocks to ensure that fishery resources are managed for the greatest overall benefit to the nation. In 2010, NMFS determined that the South Atlantic red grouper stock was undergoing overfishing and was overfished following a stock assessment (Southeast Data, Assessment, and Review (SEDAR) 19). Through Amendment 24 to the FMP, the Council and NMFS implemented a 10-year rebuilding plan in 2011, with a projected end date of 2020, which was E:\FR\FM\03APP1.SGM 03APP1

Agencies

[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Proposed Rules]
[Pages 14232-14234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06748]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R05-OAR-2018-0113; FRL-9976-13-Region 5]


Air Plan Approval; Ohio; Hospital/Medical/Infectious Waste 
Incinerator Withdrawal for Designated Facilities and Pollutants

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve Ohio's request for withdrawal of the previously approved 
Hospital/Medical/Infectious Waste Incinerator (HMIWI) State Plan. The 
Ohio Environmental Protection Agency (OEPA) submitted its HMIWI 
withdrawal on January 24, 2018, certifying that there is only one HMIWI 
unit currently operating in the state of Ohio and requesting that the 
Federal Plan apply to the single source in the State.

DATES: Comments must be received on or before May 3, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2018-0113, at https://www.regulations.gov or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, EPA may publish any comment received to its 
public docket.

[[Page 14233]]

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. 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, please contact the person identified in 
the ``For Further Information Contact'' section. For 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: Margaret Sieffert, Environmental 
Engineer, Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard (AT-18J), Chicago, Illinois 60604, (312) 353-1151, 
[email protected].

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. Proposed EPA Action
III. Statutory and Executive Order Reviews

I. Background

    Section 111(d) of the Clean Air Act (Act) requires that EPA develop 
regulations providing that states must submit to EPA plans establishing 
standards of performance for certain existing sources of pollutants. A 
standard of performance would apply to the existing source if it were 
an existing source, and if the pollutants are noncriteria pollutants 
(i.e., pollutants for which there is no national ambient air quality 
standard) 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.
    The regulation at 40 CFR part 60, subpart B contains general 
provisions applicable to the 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.
    EPA promulgated new source performance standards and EGs for HMIWIs 
on September 15, 1997 (62 FR 48382), and amended them most recently on 
October 6, 2009 (74 FR 51367) and April 4, 2011 (76 FR 18407). The 
standards and EGs are codified at 40 CFR part 60, subparts Ce and Ec, 
respectively.
    States were required to revise plans for existing HMIWIs, pursuant 
to sections 111(d) and 129 of the Act and 40 CFR part 60, subpart B. 
OEPA submitted a HMIWI State Plan on October 18, 2005. EPA approved the 
State Plan under 40 CFR 62.8880, and the State Plan became effective on 
August 6, 2007 (72 FR 36605). On May 13, 2013, EPA finalized the 
Federal Plan under 40 CFR part 62, subpart HHH (78 FR 28052).
    A HMIWI unit as defined in 40 CFR 60.31e, means any device that 
combusts any amount of hospital waste and/or medical/infectious waste. 
The designated facilities to which the original EG's applied were 
existing HMIWI units that: (1) For which construction was commenced on 
or before June 20, 1996, or for which modification was commenced on or 
before March 16, 1998; or (2) 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.
    On January 21, 2018, OEPA submitted its HMIWI withdrawal, in which 
it certifies that there is only one HMIWI unit currently operating in 
Ohio. On January 18, 2013, OEPA confirmed that two of the four HMIWI 
units had shut down. Since that time an additional HMIWI unit has shut 
down. The only remaining HMIWI unit is at Stericycle, Inc, located in 
Warren, OH. Because there is only one source, OEPA is requesting that 
the previously approved State Plan be withdrawn and that the Federal 
Plan apply to the source.
    Although Section 111(d) requires States to submit State Plans, EPA 
understands that the extensive amendments that would be required by 
OEPA to revise Ohio's previously approved State Plan to make it 
consistent with the revisions would be disproportionate to the single 
affected source in Ohio. EPA's Federal Plan implementing the EG's would 
apply to the remaining source in Ohio (as well as to any existing 
affected sources if found at a later date). Ohio would be implementing 
and enforcing the Federal Plan through its Title V permitting process. 
This action should not be construed as an approval of a State Plan or 
delegation of the Federal Plan and that Ohio's Section 111(d)/129 
obligations are separate from Ohio's obligations under Title V of the 
Act. Ohio understands and accepts this limitation.

II. Proposed EPA Action

    EPA is proposing to approve Ohio's request for withdrawal of a 
previously approved State Plan and amending 40 CFR part 62 to reflect 
OEPA's withdrawal. OEPA submitted its HMIWI withdrawal on January 21, 
2018 certifying that there is only one HMIWI unit, as defined under 40 
CFR 60.31e, currently operating in the state of Ohio and requested that 
the Federal Plan apply to the single source in the State. EPA 
understands that the extensive amendments that would be required by 
OEPA to revise Ohio's previously approved State Plan to make it 
consistent with the revisions would be disproportionate to the single 
affected source in Ohio, and is proposing to approve the withdrawal and 
have the Federal Plan apply to the known affected source.

III. Statutory and Executive Order Reviews

General Requirements

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and 
therefore is not subject to review by the Office of Management and 
Budget under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 
2011). 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 is not an Executive Order 13771 (82 FR 9339, February 2, 2017) 
regulatory action because this action is not significant under E.O. 
12866. This action merely approves state law as meeting Federal 
requirements and merely notifies the public of EPA' approval for a 
withdrawal of a previously approved HMIWI State Plan. This action 
imposes no requirements beyond those imposed by the state. Accordingly, 
the Administrator certifies that this proposed 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 rulemaking

[[Page 14234]]

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 proposed rule 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 rulemaking 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). 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 withdrawal, and does not alter the relationship or 
the distribution of power and responsibilities established in the Act. 
This rulemaking also is not subject to Executive Order 13045 (62 FR 
19885, April 23, 1997), because it approves a withdrawal.
    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. 
With regard to withdrawals for designated facilities received by EPA 
from states, EPA's role is to notify the public of the approval of the 
State's withdrawal 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 withdrawal for failure to use VCS. It 
would thus be inconsistent with applicable law for EPA, when it reviews 
a section 111(d)/129 withdrawal, to use VCS in place of a section 
111(d)/129 withdrawal 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 rulemaking does not impose an information 
collection burden under the provisions of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hospital/medical/infectious waste incinerators, 
Intergovernmental relations, Reporting and recordkeeping requirements.

    Dated: March 20, 2018.
Edward H. Chu,
Acting Regional Administrator, Region 5.
[FR Doc. 2018-06748 Filed 4-2-18; 8:45 am]
 BILLING CODE 6560-50-P
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