Georgia; Approval of State Plan for Designated Facilities and Pollutants; Hospital/Medical/Infectious Waste Incineration (HMIWI) Units, 16176-16179 [2021-06080]
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16176
Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Proposed Rules
section II of this preamble (NDAC
section 33.1–15–12–02, subparts A, Cf
and DDDD) in accordance with the
requirements of 1 CFR 51.5. The EPA
has made, and will continue to make,
these materials available through the
docket for this action, EPA–R08–OAR–
2021–0187, at https://
www.regulations.gov and at the EPA
Region VIII Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
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V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve section 111(d) and
section 111(d)/129 state plan submittals
that comply with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7411(d); 40 CFR part 60,
subparts B, Cf and DDDD; and 40 CFR
part 62, subpart A. Thus, in reviewing
CAA section 111(d) and section 111(d)/
129 state plan submittals, the EPA’s role
is to approve state choices, provided
that they meet the approval criteria of
the Act and implementing regulations.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because this action is not
significant under Executive Order12866;
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, 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);
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• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the CAA section 111(d)
and section 111(d)/129 plans are not
approved to apply in Indian country, as
defined at 18 U.S.C. 1151, located in the
State. As such, this rule does not have
tribal implications, as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), and it will not
impose substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Commercial and
industrial solid waste incineration,
Hospital medical and infectious waste
incineration, Incorporation by reference,
Intergovernmental relations, Methane,
Municipal solid waste landfill,
Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 15, 2021.
Debra H. Thomas,
Acting Regional Administrator, Region 8.
[FR Doc. 2021–05870 Filed 3–25–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R04–OAR–2020–0299; FRL–10011–
91–Region 4]
Georgia; Approval of State Plan for
Designated Facilities and Pollutants;
Hospital/Medical/Infectious Waste
Incineration (HMIWI) Units
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
the Clean Air Act (CAA or the Act)
section 111(d)/129 state plan submitted
by the State of Georgia, through the
Georgia Department of Natural
SUMMARY:
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Resources’ Environmental Protection
Division on August 1, 2018, and
supplemented on January 7, 2019, for
implementing and enforcing the
Emission Guidelines (EG) and
Compliance Schedules applicable to
existing Hospital/Medical/Infectious
Waste Incineration (HMIWI) units. The
state plan provides for implementation
and enforcement of the EG, as finalized
by EPA on September 15, 1997, and
revised on October 6, 2009, applicable
to existing HMIWI units for which
construction commenced on or before
December 1, 2008, or for which
modification commenced on or before
April 6, 2010. The state plan establishes
emission limits, as well as monitoring,
operating, recordkeeping, and reporting
requirements for affected HMIWI units.
DATES: Comments must be received on
or before April 26, 2021.
ADDRESSES: Submit your comments,
identified by Docket ID No. [EPA–R04–
OAR–2020–0299] at
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
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. 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:
Mark Bloeth, Communities and Air
Toxics Section, Air Analysis and
Support Branch, Air and Radiation
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street SW,
Atlanta, Georgia 30303. Mr. Bloeth can
be reached via telephone at 404–562–
9013 and via email at bloeth.mark@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
EPA is proposing to approve Georgia’s
state plan for HMIWI facilities and
designated pollutants developed under
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Federal Register / Vol. 86, No. 57 / Friday, March 26, 2021 / Proposed Rules
sections 111(d) and 129 of the Clean Air
Act (CAA) submitted on August 1, 2018,
with updates and revisions dated
December 19, 2018, and submitted to
EPA on January 7, 2019. Georgia’s state
plan submittal updates requirements for
emission limits, waste management
plans, training, compliance and
performance testing, monitoring, and
reporting and recordkeeping
requirements that apply to existing
HMIWI facilities.
Section 111(d) of the CAA requires
states to submit plans to control certain
pollutants (designated pollutants) at
existing facilities (designated facilities)
whenever standards of performance
have been established under section
111(b) for new sources of the same type
and EPA has established emission
guidelines for such existing sources. A
designated pollutant is any pollutant for
which no air quality criteria have been
issued, and which is not included on a
list published under section 108(a) or
section 112(b)(1)(A) of the CAA, but
emissions of which are subject to a
standard of performance for new
stationary sources.
Section 129 of the CAA directs the
Administrator to establish performance
standards and EGs under section 111(d)
of the Act limiting emissions of nine air
pollutants (particulate matter, carbon
monoxide, dioxins/furans, sulfur
dioxide, nitrogen oxides, hydrogen
chloride, lead, mercury, and cadmium)
from four categories of solid waste
incineration units: Municipal solid
waste; hospital/medical/infectious solid
waste; commercial and industrial solid
waste; and other solid waste.
Section 129 mandates that all plan
requirements be at least as protective
and restrictive as the promulgated EG.
This includes fixed final compliance
dates, fixed compliance schedules, and
title V permitting requirements for all
affected sources. Section 129 also
requires that state plans be submitted to
EPA within one year after EPA’s
promulgation of the EG and compliance
times. Each state plan submittal must
comply with the procedures for plan
adoption and submittal codified at 40
CFR part 60, subpart B.
On September 15, 1997, EPA
promulgated new source performance
standards (NSPS) and EG to reduce air
pollution from HMIWI units, which are
codified at 40 CFR part 60, subparts Ec
and Ce, respectively (See 65 FR 75338).
A HMIWI unit as defined in 40 CFR
60.51c is any device that combusts any
amount of hospital waste and/or
medical/infectious waste.
On September 15, 1998, Georgia
originally submitted a section 111(d)
state plan for HMIWI which was
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approved by EPA on February 25, 2000.
See 65 FR 10022. This 1998 submission
implemented the 40 CFR Subpart Ce EG
for existing HMIWI, which were
promulgated through a September 15,
1997 rulemaking. See 62 FR 48348. The
EG applied to existing HMIWI that
commenced construction on or before
June 20, 1996. Georgia has adopted the
EG requirements into the Georgia Rule
for Air Quality Control, Chapter 391–3–
1–.02(2)(iii)—Hospital/Medical/
Infectious Waste Incinerators and
sections 2.117.2, 2.117.3, and 2.117.4 of
the Georgia Department of Natural
Resources’ Procedures for Testing and
Monitoring Sources of Air Pollutants
(‘‘PTM’’). The most recent EG
requirements incorporated in Georgia
Rule for Air Quality Control, Chapter
391–3–1–.02(2)(iii) became state
effective on March 28, 2018. The same
EG requirements incorporated in the
PTM became state effective on February
1, 2018.
On October 6, 2009, in accordance
with sections 111 and 129 of the Act,
EPA promulgated revised HMIWI EG
and compliance schedules for the
control of emissions from HMIWI units.
See 74 FR 51368. EPA codified these
revised EG at 40 CFR part 60, subpart
Ce. EPA amended the NSPS and EG on
April 4, 2011 (76 FR 18407), and again
on May 13, 2013 (78 FR 28051). Under
section 129(b)(2) of the Act and the
revised EG at subpart Ce, states with
subject sources must submit to EPA
plans that implement the revised EG.
On April 4, 2011 (76 FR 18407), and
May 13, 2013 (78 FR 28051), EPA
promulgated amendments to the Federal
HMIWI guidelines that corrected errors
made in calculating the emission
standard for certain classes of HMIWI
and pollutants, and eliminated the
startup, shutdown, and malfunction
exemption. GAEPD submitted an
updated state plan on August 1, 2018
and submitted a supplement on January
7, 2019, to address the above revisions
promulgated by EPA.
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2.117.3, and 2.117.4 of the Georgia
Department of Natural Resources’ PTM.
EPA has reviewed the revised plan for
existing HMIWI units in the context of
the requirements of 40 CFR part 60,
subparts B and Ce. State plans must
include the following nine essential
elements: Identification of legal
authority; identification of mechanism
for implementation; inventory of
affected facilities; emissions inventory;
emission limits; compliance schedules;
testing, monitoring, recordkeeping, and
reporting; public hearing records; and,
annual state progress reports on plan
enforcement. For the reasons explained
below, EPA is proposing to approve
GA’s HMIWI state plan as consistent
with those requirements.
A. Demonstration of Legal Authority
Under 40 CFR 60.26, an approvable
state plan must demonstrate that the
State has legal authority to adopt and
implement the EG’s emission standards
and compliance schedule. In its
submittal, Georgia cites the State
Attorney General’s opinion from
November 1, 1993, and supplemental
letter from November 10, 1994,
demonstrating that Georgia’s
Environmental Protection Division has
adequate authority to issue operating
permits to all regulated sources for all
regulated pollutants, including any
pollutant regulated under sections 111,
112, and 129 standards.2 Georgia also
notes that it has amended Georgia Rule
391–3–1–.02(2)(iii)—Hospital/Medical/
Infectious Waste Incinerators
Constructed on or Before June 20, 1996
to implement and enforce its air quality
program. EPA has reviewed the cited
authorities and has preliminarily
concluded that the State has adequately
demonstrated legal authority to
implement and enforce the HMIWI state
plan in Georgia.
Georgia submitted a state plan to
implement and enforce the EG for
existing HMIWI units in the state 1 on
August 1, 2018, with a supplemental
submission to EPA on January 7, 2019.
Georgia adopted the EG requirements
into the Georgia Rule for Air Quality
Control, Chapter 391–3–1–.02(2)(iii)—
Hospital/Medical/Infectious Waste
Incinerators, and sections 2.117.2,
B. Identification of Enforceable State
Mechanisms for Implementing the Plan
Under 40 CFR 60.24(a), a state plan
must include emission standards,
defined at 40 CFR 60.21(f) as ‘‘a legally
enforceable regulation setting forth an
allowable rate of emissions into the
atmosphere, or prescribing equipment
specifications for control of air pollution
emissions.’’ Georgia has adopted
enforceable emission standards for
affected HMIWI units at Georgia Rule
391–3–1–.02(2)(iii)—Hospital/Medical/
Infectious Waste Incinerators
Constructed on or Before June 20, 1996,
and sections 2.117.2, 2.117.3, and
2.117.4 of the Georgia Department of
1 The submitted state plan does not apply in
Indian country located in the state.
2 This memorandum and supporting
documentation are included in the docket.
II. Review of Georgia’s HMIWI State
Plan Submittal
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Natural Resources’ PTM. EPA has
preliminarily concluded that these
provisions meets the emission standard
requirement under 40 CFR 60.24(a).
C. Inventory of Affected Units
Under 40 CFR 60.25(a), a state plan
must include a complete source
inventory of all HMIWI units. Georgia
has submitted an inventory of all
affected units within the State.
Omission from this inventory of HMIWI
units does not exempt an affected
facility from the applicable section
111(d)/129 requirements. EPA has
preliminarily concluded that Georgia
has met the affected unit inventory
requirements under 40 CFR 60.25(a).
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D. Inventory of Emissions From Affected
HMIWI Units
Under 40 CFR 60.25(a), a state plan
must include an emissions inventory of
the pollutants regulated by the EG.
Emissions from HMIWI units may
contain cadmium, carbon monoxide,
dioxins/furans, hydrogen chloride, lead,
mercury, nitrogen oxides, particulate
matter, and sulfur dioxide. Georgia
submitted an emissions inventory for
HMIWI units as part of its state plan.
This emissions inventory contains
HMIWI unit emissions rates for each
regulated pollutant. EPA has
preliminarily concluded that Georgia
has met the emission inventory
requirements of 40 CFR 60.25(a).
E. Emission Limitations, Operator
Training and Qualification, and Waste
Management Plan for HMIWI Units
Under 40 CFR 60.24(a) and (c), the
state plan must include emission
standards that are no less stringent than
the EG. Georgia requires affected units
to comply with the emission limits in 40
CFR part 60, subpart Ce at Rule 391–3–
1–.02(2)(iii)4.(ii). As noted above, EPA
has preliminarily concluded that
Georgia’s state plan includes
enforceable emission limitations at
Georgia Rule 391–3–1–.02(2)(iii)—
Hospital/Medical/Infectious Waste
Incinerators and sections 2.117.2,
2.117.3, and 2.117.4 of the Georgia
Department of Natural Resources’ PTM.
40 CFR 60.34e also requires a state
plan to include operator training and
qualification requirements that are at
least as protective as the NSPS
requirements at 40 CFR 60.53c. 40 CFR
60.35e requires a state plan to include
waste management plan requirement
that are at least as protective as the
NSPS requirements at 40 CFR 60.55c.
Georgia’s state plan incorporates the
training and waste management
requirements from the NSPS by
reference into its state regulations at
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Rule 391–3–1–.02(2)(iii)4. Thus, EPA
has preliminarily concluded that
Georgia’s state plan satisfies the
requirements of 40 CFR 60.24(a),
60.24(c), 60.34e, and 60.35e.
F. Compliance Schedules
Under 40 CFR 60.24(a), (c), and (e),
each state plan must include a
compliance schedule, which requires
affected HMIWI units to expeditiously
comply with the state plan
requirements. EPA has the authority to
approve compliance schedule
requirements that deviate from those
imposed under the EG, so long as those
are at least as protective as the EG. In
its state plan submittal, Georgia notes
that any affected source within the State
was required—in the absence of an
approved state plan—to comply with
the Federal plan requirements no later
than October 6, 2014. Because the
affected sources are thus already in
compliance with the EG requirements,
Georgia has not included a compliance
schedule in its state plan. In these
circumstances, EPA has preliminarily
concluded that Georgia’s state plan
satisfies the requirements of 40 CFR
60.24(a), (c), and (e).
G. Testing, Monitoring, Recordkeeping,
and Reporting Requirements
Under 40 CFR 60.24(b)(2) and
60.25(b), an approvable state plan must
require that sources conduct testing,
monitoring, recordkeeping, and
reporting. The EG further specifies that
affected HMIWI units must comply with
the following: The test methods and
procedures at 40 CFR 60.37e(a) through
(c); the monitoring requirements at 40
CFR 60.37e(d); and, the recordkeeping
and reporting requirements at 40 CFR
60.38e.
Georgia’s state plan codifies relevant
requirements in section 2.117 of the
PTM. Specifically, the PTM specifies
applicable: Performance testing
requirements at section 2.117.2;
monitoring requirements at section
2.117.3; and, recordkeeping and
reporting requirements at section
2.117.4. EPA has reviewed these
provisions and has preliminarily
concluded they are at least as stringent
as the EG’s testing, monitoring,
recordkeeping, and reporting
requirements. Accordingly, EPA has
preliminarily concluded that Georgia’s
HMIWI plan satisfies the requirements
of 40 CFR 60.24(b)(2) and 60.25(b).
H. A Record of Public Hearing on the
State Plan Revision
40 CFR 60.23 sets forth the public
participation requirements for each state
plan. The State must conduct a public
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hearing; make all relevant plan
materials available to the public prior to
the hearing; and, provide notice of such
hearing to the public, the Administrator
of EPA, each local air pollution control
agency, and, in the case of an interstate
region, each state within the region. 40
CFR 60.23(f)(1) requires each state plan
include certification that the hearing
was held, a list of witnesses and their
organizational affiliations, if any,
appearing at the hearing, and a brief
written summary of each presentation or
written submission.
As part of its state plan submittal,
Georgia provided a notice of the state
plan revisions that was submitted to all
required parties on August 1, 2018. In
addition, on January 7, 2019, Georgia
submitted a certification dated
December 6, 2018 for a public hearing
on the state plan, which was held
September 6, 2018. In this proposed
action, EPA has preliminarily
concluded that these materials satisfy
the public participation requirements at
40 CFR 60.23.
I. Annual State Progress Reports to EPA
Under 40 CFR 60.25(e) and (f), the
State must provide in its state plan for
annual reports to EPA on progress in
enforcement of the plan. Accordingly,
Georgia provides in its plan that it will
submit reports on progress in plan
enforcement to EPA on an annual
(calendar year) basis, commencing with
the first full reporting period after EPA’s
state plan approval. EPA has
preliminarily concluded that Georgia’s
HMIWI plan satisfies the requirements
of 40 CFR 60.25(e) and (f).
III. Incorporation by Reference
In this action, EPA is proposing to
include in a final EPA rule regulatory
text that includes incorporation by
reference. In accordance with the
requirements of 1 CFR 51.5, EPA is
proposing to incorporate by reference
Georgia Rule 391–3–1–.02(2)(iii),
‘‘Hospital/Infectious Waste Incinerators
Constructed on or Before June 20,
1996,’’ state effective July 23, 2018. This
state rule was amended to make it
current with the newly updated HMIWI
emissions guidelines as well as include
the following additional changes: An
updated definition of a HMIWI unit to
include units that commenced
construction on or before December 1,
2008 or that were modified on or before
April 6, 2010; additional testing and
compliance requirements for NOX and
SO2; more stringent emissions limits for
facilities built after June 20, 1996 but no
later than December 1, 2008; and a state
rule name change to reflect the
aforementioned amendments.
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EPA is also proposing to incorporate
by reference Georgia Procedures for
Testing and Monitoring (PTM) Sources
of Air Pollutants section 2.117, state
effective July 23, 2018. Georgia’s state
rule adopts the HMIWI EG by reference,
with the exception of some
requirements primarily related to
operating limits, performance testing,
monitoring, demonstration of initial and
continuous compliance, and reporting
and recordkeeping. These excepted
requirements are being addressed by
revisions to Georgia’s PTM Sources of
Air Pollutants in the following sections:
Performance testing and compliance
requirements in Section 2.117.2,
monitoring requirements in Section
2.117.3, and reporting and
recordkeeping requirements in Section
2.117.4 of Georgia’s PTM. EPA has
made, and will continue to make, these
materials generally available through
www.regulations.gov and at the EPA
Region 4 office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
IV. Proposed Action
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Pursuant to CAA section 111(d), CAA
section 129, and 40 CFR part 60,
subparts B and Ce, EPA is proposing to
approve Georgia’s state plan for
regulation of HMIWI units as submitted
on August 1, 2018 and supplemented on
January 7, 2019. In addition, EPA is
proposing to amend 40 CFR part 62,
subpart L—Georgia—Air Emissions
From Hospital/Medical/Infectious
Waste Incinerators to reflect this
proposed action.
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V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a 111(d)/129 plan
submission that complies with the
provisions of the CAA and applicable
Federal regulations. In reviewing
111(d)/129 plan submissions, EPA’s role
is to approve state choices, provided
they meet the criteria and objectives of
the CAA and EPA’s implementing
regulations. Accordingly, this action
merely proposes to approve state law as
meeting Federal requirements and does
not impose additional requirements
beyond those imposed by state law. For
that reason, this proposed action:
• Is not a significant regulatory action
subject to review by the Office of
Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
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16179
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001).
In addition, this rulemaking is not
subject to requirements of section 12(d)
of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) because application of those
requirements would be inconsistent
with the CAA. It also does not provide
EPA with the discretionary authority to
address, as appropriate,
disproportionate human health or
environmental effects, using practicable
and legally permissible methods, under
Executive Order 12898 (59 FR 7629,
February 16, 1994). And it does not
have Tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because EPA is not
proposing to approve the submitted
plan to apply in Indian country located
in the state, and because the submitted
plan will not impose substantial direct
costs on Tribal governments or preempt
Tribal law.
List of Subjects in 40 CFR Part 62
Environmental protection, Air
pollution control, Administrative
practice and procedure, Hospital,
medical, and infectious waste
incineration units, Incorporation by
reference, Intergovernmental relations,
Reporting and recordkeeping
requirements, Sulfur oxides, Waste
treatment and disposal.
Authority: 42 U.S.C. 7411.
Dated: March 16, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021–06080 Filed 3–25–21; 8:45 am]
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Agencies
[Federal Register Volume 86, Number 57 (Friday, March 26, 2021)]
[Proposed Rules]
[Pages 16176-16179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06080]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R04-OAR-2020-0299; FRL-10011-91-Region 4]
Georgia; Approval of State Plan for Designated Facilities and
Pollutants; Hospital/Medical/Infectious Waste Incineration (HMIWI)
Units
AGENCY: Environmental Protection Agency.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve the Clean Air Act (CAA or the Act) section 111(d)/129 state
plan submitted by the State of Georgia, through the Georgia Department
of Natural Resources' Environmental Protection Division on August 1,
2018, and supplemented on January 7, 2019, for implementing and
enforcing the Emission Guidelines (EG) and Compliance Schedules
applicable to existing Hospital/Medical/Infectious Waste Incineration
(HMIWI) units. The state plan provides for implementation and
enforcement of the EG, as finalized by EPA on September 15, 1997, and
revised on October 6, 2009, applicable to existing HMIWI units for
which construction commenced on or before December 1, 2008, or for
which modification commenced on or before April 6, 2010. The state plan
establishes emission limits, as well as monitoring, operating,
recordkeeping, and reporting requirements for affected HMIWI units.
DATES: Comments must be received on or before April 26, 2021.
ADDRESSES: Submit your comments, identified by Docket ID No. [EPA-R04-
OAR-2020-0299] at www.regulations.gov. Follow the online instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. 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. 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: Mark Bloeth, Communities and Air
Toxics Section, Air Analysis and Support Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303. Mr. Bloeth can be reached via
telephone at 404-562-9013 and via email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
EPA is proposing to approve Georgia's state plan for HMIWI
facilities and designated pollutants developed under
[[Page 16177]]
sections 111(d) and 129 of the Clean Air Act (CAA) submitted on August
1, 2018, with updates and revisions dated December 19, 2018, and
submitted to EPA on January 7, 2019. Georgia's state plan submittal
updates requirements for emission limits, waste management plans,
training, compliance and performance testing, monitoring, and reporting
and recordkeeping requirements that apply to existing HMIWI facilities.
Section 111(d) of the CAA requires states to submit plans to
control certain pollutants (designated pollutants) at existing
facilities (designated facilities) whenever standards of performance
have been established under section 111(b) for new sources of the same
type and EPA has established emission guidelines for such existing
sources. A designated pollutant is any pollutant for which no air
quality criteria have been issued, and which is not included on a list
published under section 108(a) or section 112(b)(1)(A) of the CAA, but
emissions of which are subject to a standard of performance for new
stationary sources.
Section 129 of the CAA directs the Administrator to establish
performance standards and EGs under section 111(d) of the Act limiting
emissions of nine air pollutants (particulate matter, carbon monoxide,
dioxins/furans, sulfur dioxide, nitrogen oxides, hydrogen chloride,
lead, mercury, and cadmium) from four categories of solid waste
incineration units: Municipal solid waste; hospital/medical/infectious
solid waste; commercial and industrial solid waste; and other solid
waste.
Section 129 mandates that all plan requirements be at least as
protective and restrictive as the promulgated EG. This includes fixed
final compliance dates, fixed compliance schedules, and title V
permitting requirements for all affected sources. Section 129 also
requires that state plans be submitted to EPA within one year after
EPA's promulgation of the EG and compliance times. Each state plan
submittal must comply with the procedures for plan adoption and
submittal codified at 40 CFR part 60, subpart B.
On September 15, 1997, EPA promulgated new source performance
standards (NSPS) and EG to reduce air pollution from HMIWI units, which
are codified at 40 CFR part 60, subparts Ec and Ce, respectively (See
65 FR 75338). A HMIWI unit as defined in 40 CFR 60.51c is any device
that combusts any amount of hospital waste and/or medical/infectious
waste.
On September 15, 1998, Georgia originally submitted a section
111(d) state plan for HMIWI which was approved by EPA on February 25,
2000. See 65 FR 10022. This 1998 submission implemented the 40 CFR
Subpart Ce EG for existing HMIWI, which were promulgated through a
September 15, 1997 rulemaking. See 62 FR 48348. The EG applied to
existing HMIWI that commenced construction on or before June 20, 1996.
Georgia has adopted the EG requirements into the Georgia Rule for Air
Quality Control, Chapter 391-3-1-.02(2)(iii)--Hospital/Medical/
Infectious Waste Incinerators and sections 2.117.2, 2.117.3, and
2.117.4 of the Georgia Department of Natural Resources' Procedures for
Testing and Monitoring Sources of Air Pollutants (``PTM''). The most
recent EG requirements incorporated in Georgia Rule for Air Quality
Control, Chapter 391-3-1-.02(2)(iii) became state effective on March
28, 2018. The same EG requirements incorporated in the PTM became state
effective on February 1, 2018.
On October 6, 2009, in accordance with sections 111 and 129 of the
Act, EPA promulgated revised HMIWI EG and compliance schedules for the
control of emissions from HMIWI units. See 74 FR 51368. EPA codified
these revised EG at 40 CFR part 60, subpart Ce. EPA amended the NSPS
and EG on April 4, 2011 (76 FR 18407), and again on May 13, 2013 (78 FR
28051). Under section 129(b)(2) of the Act and the revised EG at
subpart Ce, states with subject sources must submit to EPA plans that
implement the revised EG.
On April 4, 2011 (76 FR 18407), and May 13, 2013 (78 FR 28051), EPA
promulgated amendments to the Federal HMIWI guidelines that corrected
errors made in calculating the emission standard for certain classes of
HMIWI and pollutants, and eliminated the startup, shutdown, and
malfunction exemption. GAEPD submitted an updated state plan on August
1, 2018 and submitted a supplement on January 7, 2019, to address the
above revisions promulgated by EPA.
II. Review of Georgia's HMIWI State Plan Submittal
Georgia submitted a state plan to implement and enforce the EG for
existing HMIWI units in the state \1\ on August 1, 2018, with a
supplemental submission to EPA on January 7, 2019. Georgia adopted the
EG requirements into the Georgia Rule for Air Quality Control, Chapter
391-3-1-.02(2)(iii)--Hospital/Medical/Infectious Waste Incinerators,
and sections 2.117.2, 2.117.3, and 2.117.4 of the Georgia Department of
Natural Resources' PTM.
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\1\ The submitted state plan does not apply in Indian country
located in the state.
---------------------------------------------------------------------------
EPA has reviewed the revised plan for existing HMIWI units in the
context of the requirements of 40 CFR part 60, subparts B and Ce. State
plans must include the following nine essential elements:
Identification of legal authority; identification of mechanism for
implementation; inventory of affected facilities; emissions inventory;
emission limits; compliance schedules; testing, monitoring,
recordkeeping, and reporting; public hearing records; and, annual state
progress reports on plan enforcement. For the reasons explained below,
EPA is proposing to approve GA's HMIWI state plan as consistent with
those requirements.
A. Demonstration of Legal Authority
Under 40 CFR 60.26, an approvable state plan must demonstrate that
the State has legal authority to adopt and implement the EG's emission
standards and compliance schedule. In its submittal, Georgia cites the
State Attorney General's opinion from November 1, 1993, and
supplemental letter from November 10, 1994, demonstrating that
Georgia's Environmental Protection Division has adequate authority to
issue operating permits to all regulated sources for all regulated
pollutants, including any pollutant regulated under sections 111, 112,
and 129 standards.\2\ Georgia also notes that it has amended Georgia
Rule 391-3-1-.02(2)(iii)--Hospital/Medical/Infectious Waste
Incinerators Constructed on or Before June 20, 1996 to implement and
enforce its air quality program. EPA has reviewed the cited authorities
and has preliminarily concluded that the State has adequately
demonstrated legal authority to implement and enforce the HMIWI state
plan in Georgia.
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\2\ This memorandum and supporting documentation are included in
the docket.
---------------------------------------------------------------------------
B. Identification of Enforceable State Mechanisms for Implementing the
Plan
Under 40 CFR 60.24(a), a state plan must include emission
standards, defined at 40 CFR 60.21(f) as ``a legally enforceable
regulation setting forth an allowable rate of emissions into the
atmosphere, or prescribing equipment specifications for control of air
pollution emissions.'' Georgia has adopted enforceable emission
standards for affected HMIWI units at Georgia Rule 391-3-
1-.02(2)(iii)--Hospital/Medical/Infectious Waste Incinerators
Constructed on or Before June 20, 1996, and sections 2.117.2, 2.117.3,
and 2.117.4 of the Georgia Department of
[[Page 16178]]
Natural Resources' PTM. EPA has preliminarily concluded that these
provisions meets the emission standard requirement under 40 CFR
60.24(a).
C. Inventory of Affected Units
Under 40 CFR 60.25(a), a state plan must include a complete source
inventory of all HMIWI units. Georgia has submitted an inventory of all
affected units within the State. Omission from this inventory of HMIWI
units does not exempt an affected facility from the applicable section
111(d)/129 requirements. EPA has preliminarily concluded that Georgia
has met the affected unit inventory requirements under 40 CFR 60.25(a).
D. Inventory of Emissions From Affected HMIWI Units
Under 40 CFR 60.25(a), a state plan must include an emissions
inventory of the pollutants regulated by the EG. Emissions from HMIWI
units may contain cadmium, carbon monoxide, dioxins/furans, hydrogen
chloride, lead, mercury, nitrogen oxides, particulate matter, and
sulfur dioxide. Georgia submitted an emissions inventory for HMIWI
units as part of its state plan. This emissions inventory contains
HMIWI unit emissions rates for each regulated pollutant. EPA has
preliminarily concluded that Georgia has met the emission inventory
requirements of 40 CFR 60.25(a).
E. Emission Limitations, Operator Training and Qualification, and Waste
Management Plan for HMIWI Units
Under 40 CFR 60.24(a) and (c), the state plan must include emission
standards that are no less stringent than the EG. Georgia requires
affected units to comply with the emission limits in 40 CFR part 60,
subpart Ce at Rule 391-3-1-.02(2)(iii)4.(ii). As noted above, EPA has
preliminarily concluded that Georgia's state plan includes enforceable
emission limitations at Georgia Rule 391-3-1-.02(2)(iii)--Hospital/
Medical/Infectious Waste Incinerators and sections 2.117.2, 2.117.3,
and 2.117.4 of the Georgia Department of Natural Resources' PTM.
40 CFR 60.34e also requires a state plan to include operator
training and qualification requirements that are at least as protective
as the NSPS requirements at 40 CFR 60.53c. 40 CFR 60.35e requires a
state plan to include waste management plan requirement that are at
least as protective as the NSPS requirements at 40 CFR 60.55c.
Georgia's state plan incorporates the training and waste management
requirements from the NSPS by reference into its state regulations at
Rule 391-3-1-.02(2)(iii)4. Thus, EPA has preliminarily concluded that
Georgia's state plan satisfies the requirements of 40 CFR 60.24(a),
60.24(c), 60.34e, and 60.35e.
F. Compliance Schedules
Under 40 CFR 60.24(a), (c), and (e), each state plan must include a
compliance schedule, which requires affected HMIWI units to
expeditiously comply with the state plan requirements. EPA has the
authority to approve compliance schedule requirements that deviate from
those imposed under the EG, so long as those are at least as protective
as the EG. In its state plan submittal, Georgia notes that any affected
source within the State was required--in the absence of an approved
state plan--to comply with the Federal plan requirements no later than
October 6, 2014. Because the affected sources are thus already in
compliance with the EG requirements, Georgia has not included a
compliance schedule in its state plan. In these circumstances, EPA has
preliminarily concluded that Georgia's state plan satisfies the
requirements of 40 CFR 60.24(a), (c), and (e).
G. Testing, Monitoring, Recordkeeping, and Reporting Requirements
Under 40 CFR 60.24(b)(2) and 60.25(b), an approvable state plan
must require that sources conduct testing, monitoring, recordkeeping,
and reporting. The EG further specifies that affected HMIWI units must
comply with the following: The test methods and procedures at 40 CFR
60.37e(a) through (c); the monitoring requirements at 40 CFR 60.37e(d);
and, the recordkeeping and reporting requirements at 40 CFR 60.38e.
Georgia's state plan codifies relevant requirements in section
2.117 of the PTM. Specifically, the PTM specifies applicable:
Performance testing requirements at section 2.117.2; monitoring
requirements at section 2.117.3; and, recordkeeping and reporting
requirements at section 2.117.4. EPA has reviewed these provisions and
has preliminarily concluded they are at least as stringent as the EG's
testing, monitoring, recordkeeping, and reporting requirements.
Accordingly, EPA has preliminarily concluded that Georgia's HMIWI plan
satisfies the requirements of 40 CFR 60.24(b)(2) and 60.25(b).
H. A Record of Public Hearing on the State Plan Revision
40 CFR 60.23 sets forth the public participation requirements for
each state plan. The State must conduct a public hearing; make all
relevant plan materials available to the public prior to the hearing;
and, provide notice of such hearing to the public, the Administrator of
EPA, each local air pollution control agency, and, in the case of an
interstate region, each state within the region. 40 CFR 60.23(f)(1)
requires each state plan include certification that the hearing was
held, a list of witnesses and their organizational affiliations, if
any, appearing at the hearing, and a brief written summary of each
presentation or written submission.
As part of its state plan submittal, Georgia provided a notice of
the state plan revisions that was submitted to all required parties on
August 1, 2018. In addition, on January 7, 2019, Georgia submitted a
certification dated December 6, 2018 for a public hearing on the state
plan, which was held September 6, 2018. In this proposed action, EPA
has preliminarily concluded that these materials satisfy the public
participation requirements at 40 CFR 60.23.
I. Annual State Progress Reports to EPA
Under 40 CFR 60.25(e) and (f), the State must provide in its state
plan for annual reports to EPA on progress in enforcement of the plan.
Accordingly, Georgia provides in its plan that it will submit reports
on progress in plan enforcement to EPA on an annual (calendar year)
basis, commencing with the first full reporting period after EPA's
state plan approval. EPA has preliminarily concluded that Georgia's
HMIWI plan satisfies the requirements of 40 CFR 60.25(e) and (f).
III. Incorporation by Reference
In this action, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference Georgia Rule 391-3-1-.02(2)(iii), ``Hospital/Infectious Waste
Incinerators Constructed on or Before June 20, 1996,'' state effective
July 23, 2018. This state rule was amended to make it current with the
newly updated HMIWI emissions guidelines as well as include the
following additional changes: An updated definition of a HMIWI unit to
include units that commenced construction on or before December 1, 2008
or that were modified on or before April 6, 2010; additional testing
and compliance requirements for NOX and SO2; more
stringent emissions limits for facilities built after June 20, 1996 but
no later than December 1, 2008; and a state rule name change to reflect
the aforementioned amendments.
[[Page 16179]]
EPA is also proposing to incorporate by reference Georgia
Procedures for Testing and Monitoring (PTM) Sources of Air Pollutants
section 2.117, state effective July 23, 2018. Georgia's state rule
adopts the HMIWI EG by reference, with the exception of some
requirements primarily related to operating limits, performance
testing, monitoring, demonstration of initial and continuous
compliance, and reporting and recordkeeping. These excepted
requirements are being addressed by revisions to Georgia's PTM Sources
of Air Pollutants in the following sections: Performance testing and
compliance requirements in Section 2.117.2, monitoring requirements in
Section 2.117.3, and reporting and recordkeeping requirements in
Section 2.117.4 of Georgia's PTM. EPA has made, and will continue to
make, these materials generally available through www.regulations.gov
and at the EPA Region 4 office (please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section of this preamble for more
information).
IV. Proposed Action
Pursuant to CAA section 111(d), CAA section 129, and 40 CFR part
60, subparts B and Ce, EPA is proposing to approve Georgia's state plan
for regulation of HMIWI units as submitted on August 1, 2018 and
supplemented on January 7, 2019. In addition, EPA is proposing to amend
40 CFR part 62, subpart L--Georgia--Air Emissions From Hospital/
Medical/Infectious Waste Incinerators to reflect this proposed action.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a 111(d)/
129 plan submission that complies with the provisions of the CAA and
applicable Federal regulations. In reviewing 111(d)/129 plan
submissions, EPA's role is to approve state choices, provided they meet
the criteria and objectives of the CAA and EPA's implementing
regulations. Accordingly, this action merely proposes to approve state
law as meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001).
In addition, this rulemaking is not subject to requirements of
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) because application of those requirements
would be inconsistent with the CAA. It also does not provide EPA with
the discretionary authority to address, as appropriate,
disproportionate human health or environmental effects, using
practicable and legally permissible methods, under Executive Order
12898 (59 FR 7629, February 16, 1994). And it does not have Tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because EPA is not proposing to approve the
submitted plan to apply in Indian country located in the state, and
because the submitted plan will not impose substantial direct costs on
Tribal governments or preempt Tribal law.
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Administrative
practice and procedure, Hospital, medical, and infectious waste
incineration units, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements, Sulfur oxides,
Waste treatment and disposal.
Authority: 42 U.S.C. 7411.
Dated: March 16, 2021.
John Blevins,
Acting Regional Administrator, Region 4.
[FR Doc. 2021-06080 Filed 3-25-21; 8:45 am]
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