Approval and Promulgation of State Plans for Designated Facilities and Pollutants; State of Idaho; Delegation of Authority, Federal Plan for Existing Hospital/Medical/Infectious Waste Incinerators, 63099-63101 [2024-16952]
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Federal Register / Vol. 89, No. 149 / Friday, August 2, 2024 / Rules and Regulations
meeting, no later than 30 days after such
default.
(ii) [Reserved]
(2) A meeting with the mortgagor is
not required if:
(i) The mortgagor has clearly
indicated that they will not cooperate in
the meeting;
(ii) The mortgagor is on a repayment
plan to bring the mortgage current, and
the mortgagor is meeting the terms of
the repayment plan; or
(iii) A reasonable effort to arrange a
meeting with the mortgagor is
unsuccessful.
(3) A reasonable effort to arrange a
meeting with the mortgagor shall consist
of, at a minimum, two verifiable
attempts to contact the mortgagor
utilizing methods determined by the
Secretary.
(b) For mortgages insured on Indian
Land pursuant to section 248 of the
National Housing Act:
(1) The mortgagee must conduct a
face-to-face meeting with the mortgagor,
or make a reasonable effort to arrange
such a meeting, before three full
monthly installments due on the
mortgage are unpaid and at least 30 days
before assignment is requested.
(i) If default occurs on a repayment
plan arranged other than during a faceto-face meeting, the mortgagee must
have a face-to-face meeting with the
mortgagor, or make a reasonable effort to
arrange such a meeting, within 30 days
after default or at least 30 days before
assignment is requested.
(ii) [Reserved]
(2) A face-to-face meeting is not
required if:
(i) The mortgagor has clearly
indicated that they will not cooperate in
the meeting;
(ii) The mortgagor is on a repayment
plan to bring the mortgage current, and
the mortgagor is meeting the terms of
the repayment plan; or
(iii) A reasonable effort to arrange a
meeting with the mortgagor is
unsuccessful.
(3) A reasonable effort to arrange a
face-to-face meeting with the mortgagor
shall include at a minimum, one letter
sent to the mortgagor certified by the
Postal Service as having been
dispatched and at least one trip to see
the mortgagor at the mortgaged
property. In addition, the mortgagee
must document that it has made at least
one telephone call to the mortgagor for
the purpose of trying to arrange a faceto-face meeting. The mortgagee may
appoint an agent to perform its
responsibilities under paragraph (b) of
this section.
(4) The mortgagee must also:
(i) Inform the mortgagor that HUD
will make information regarding the
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status and payment history of the
mortgagor’s loan available to credit
bureaus and prospective creditors;
(ii) Inform the mortgagor of other
available assistance, if any; and
(iii) Inform the mortgagor of the
names and addresses of HUD officials to
whom further communications may be
addressed.
Julia R. Gordon,
Assistant Secretary for Housing, Federal
Housing Commissioner.
[FR Doc. 2024–16728 Filed 8–1–24; 8:45 am]
BILLING CODE 4210–67–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R10–OAR–2023–0553; FRL–11570–
01–R10]
Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants; State of Idaho; Delegation
of Authority, Federal Plan for Existing
Hospital/Medical/Infectious Waste
Incinerators
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving the State of
Idaho’s request to implement and
enforce the Federal Plan Requirements
for Hospital/Medical/Infectious Waste
Incinerators (HMIWI) Constructed on or
before December 1, 2008 (the Federal
Plan). The Federal Plan establishes
emission limits, monitoring, and other
requirements for certain existing HMIWI
units. The EPA and the Idaho
Department of Environmental Quality
(IDEQ) entered into a Memorandum of
Agreement (MOA), effective November
7, 2014, documenting the policies,
responsibilities, and procedures the
IDEQ will follow, as well as the
authorities retained by the EPA.
DATES: This final rule is effective on
September 3, 2024.
ADDRESSES: The EPA has established a
docket for this action, identified by
Docket ID No. EPA–R10–OAR–2023–
0553 at https://www.regulations.gov. All
documents cited in this rule or used by
the EPA in its analysis of this
rulemaking (with the exception of
documents containing confidential
business information and documents
generally available to the public),
including the IDEQ’s submittal are
accessible through the docket. If
alternative means of reviewing the
documents is required, please contact
SUMMARY:
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63099
the person identified in the FOR FURTHER
section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Bryan Holtrop, Air and Radiation
Division, EPA, Region 10, 1200 Sixth
Avenue, Suite 155, M/S 15–H13,
Seattle, WA 98101–3144, telephone
number: (206) 553–4473, email address:
holtrop.bryan@epa.gov.
SUPPLEMENTARY INFORMATION:
INFORMATION CONTACT
I. Background
Section 129 of the Clean Air Act (the
‘‘CAA’’ or ‘‘Act’’), titled ‘‘Solid Waste
Combustion,’’ requires the EPA to
develop and adopt standards for solid
waste incineration units pursuant to
sections 111(d) and 129 of the Act. The
EPA promulgated revisions to the
emissions guidelines (EG) for HMIWI
units on April 4, 2011 (76 FR 18407),
and May 13, 2013 (78 FR 28052), as
amended by a correction published on
September 6, 2013 (78 FR 54766).
Codified at 40 CFR part 60, subpart Ce,
this final rule sets limits for nine
pollutants under section 129 of the
CAA: Cadmium (Cd), carbon monoxide
(CO), hydrogen chloride (HCL), lead
(Pb), mercury (Hg), nitrogen oxides
(NOX), particulate matter (PM), dioxins/
furans, and sulfur dioxide (SO2). The EG
apply to existing HMIWI units, which
are those units that commenced
construction on or before December 1,
2008, or that commenced modification
on or before April 6, 2010 (see 40 CFR
60.32e).
CAA section 129 also requires each
state in which HMIWI units are
operating to submit a plan to implement
and enforce the EG with respect to such
units. State plan requirements must be
‘‘at least as protective’’ as the EG and
become federally enforceable upon
approval by the EPA. The procedures
for adoption and submittal of state plans
are codified in 40 CFR part 60, subpart
B. For each state that does not submit
a plan, the EPA is required to develop
and implement a Federal Plan within
two years following promulgation of the
emission guidelines. Accordingly, the
EPA promulgated the HMIWI Federal
Plan on May 13, 2013 (78 FR 28052).
The EPA implementation and
enforcement of the Federal Plan is
viewed as an interim measure until a
state assumes its role as the preferred
implementer of the emission guidelines
requirements stipulated in the Federal
Plan. In the Federal Plan rulemaking,
the EPA strongly encouraged each state
and local agency in a jurisdiction that
did not submit an approvable state plan
to request delegation of the HMIWI
Federal Plan so that it can have the
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primary responsibility for implementing
and enforcing regulations affecting
existing HMIWI units, consistent with
the intent of section 129 of the CAA.
II. Submittal and EPA Approval of
Requests for Delegation of the Federal
Plan
On April 14, 2014, the IDEQ
requested delegation of authority from
the EPA to implement and enforce the
Federal Plan for any existing HMIWI
units operating within the State of
Idaho, codified at 40 CFR part 62,
subpart HHH. The delegation of
authority does not apply to sources
located in Indian country.
The EPA evaluates requests for
delegation of the HMIWI Federal Plan
pursuant to the provisions of the HMIWI
Federal Plan and the EPA’s Delegations
Manual. Pursuant to the HMIWI Federal
Plan, a state may meet its CAA section
111(d)/129 obligations by submitting an
acceptable written request for delegation
of the Federal Plan that includes the
following elements: (1) a demonstration
of adequate resources and legal
authority to administer and enforce the
Federal Plan; (2) an inventory of
affected HMIWI units, an inventory of
emissions from affected HMIWI units,
and provisions for state progress reports;
(3) certification that the state held a
hearing on the state delegation request;
and (4) a commitment to enter into a
MOA with the Regional Administrator
that sets forth the terms, conditions, and
effective date of the delegation and that
serves as the mechanism for the transfer
of authority (see 40 CFR 62.14401) (78
FR 28052, May 13, 2013). The IDEQ met
delegation requirements (1) through (3)
in a letter to the EPA dated April 14,
2014, which is included in the docket
for this action, as well as requirement
(4), which is addressed in the following
paragraphs of this preamble.
Pursuant to the EPA’s Delegations
Manual, item 7–139, Implementation
and Enforcement of 111(d)(2) and
111(d)(2)/129(b)(3) Federal Plans, a
copy of which is included in the docket
for this action, the Regional
Administrator is authorized to delegate
authority to implement and enforce
section 111(d)/129 Federal Plans to
states. The requirements and limitations
of a delegation agreement are set forth
in item 7–139 of the Delegations
Manual. Consistent with those
requirements, the EPA prepared an
MOA between the EPA and the IDEQ
which defines policies, responsibilities,
and procedures pursuant to the HMIWI
Federal Plan by which the Federal Plan
will be administered by the IDEQ. The
MOA was signed by the Regional
Administrator for EPA Region 10 on
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October 9, 2014. Subsequently, on
November 7, 2014, the Director of the
IDEQ signed the MOA, thus agreeing to
the terms and conditions of the MOA
and accepting responsibility for
implementation and enforcement of the
policies and procedures of the Federal
Plan, except for certain authorities (e.g.,
approval of major alternatives to test
methods or monitoring) retained by the
EPA. The EPA continues to retain
enforcement authority. The MOA, and
resulting delegation of authority,
became effective upon signature by the
IDEQ Director on November 7, 2014.
The MOA is located in the docket for
this action.
The EPA has evaluated the IDEQ
submittal for consistency with the CAA,
EPA regulations, and EPA policy. The
IDEQ has met the requirements for
obtaining delegation of authority to
implement and enforce the HMWI
Federal Plan. The IDEQ entered into a
MOA with the EPA and it became
effective on November 7, 2014.
Accordingly, the EPA is codifying
approval of the IDEQ request, dated
April 14, 2014, for delegation of
authority to implement and enforce the
Federal Plan for existing HMIWI units.
The EPA will continue to retain certain
specific authorities as specified in the
HMIWI Federal Plan and as indicated in
the MOA (e.g., authority to approve
major alternatives to test methods or
monitoring, etc.).
III. EPA Action
In this action, the EPA is notifying the
public and is codifying approval of a
request submitted by the IDEQ for
delegation of authority to implement
and enforce the Federal Plan for existing
HMIWI units in Idaho, pursuant to 40
CFR part 62, subpart HHH.
IV. Good Cause Finding
Section 553(b) of the Administrative
Procedure Act (APA) requires
publication of notice of proposed
rulemaking and specifies what the
notice shall include. See 5 U.S.C.
553(b). However, the APA provides an
exception from this requirement ‘‘when
the agency for good cause finds (and
incorporates the finding and a brief
statement of reasons therefore in the
rules issued) that notice and public
procedure thereon are impracticable,
unnecessary, or contrary to the public
interest.’’ 5 U.S.C. 553(b)(3)(B).
The EPA has found good cause for
making this action final without prior
proposal and opportunity for comment
because this ministerial action merely
codifies the EPA’s delegation of
authority to implement and enforce the
HMIWI Federal Plan to the IDEQ. This
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action does not alter the universe of
sources regulated under the Federal
Plan, which was previously subject to
the IDEQ’s State plan implementing the
HMIWI EG and is now subject to
functionally identical requirements
contained in the Federal Plan. In other
words, this action does not
substantively alter the regulatory
requirements applicable to HMIWI units
residing within the IDEQ’s jurisdiction.
In these circumstances, notice and
comment procedures are unnecessary.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator
has the authority to delegate the
authority to implement a 111(d)/129
Federal Plan that complies with the
provisions of the CAA and applicable
Federal regulations (see 40 CFR 60.27).
In reviewing 111(d)/129 Federal Plan
delegation requests, the EPA’s role is to
approve state choices, provided that
they meet the criteria of the CAA and of
the EPA’s implementing regulations.
Accordingly, this action merely codifies
in the Code of Federal Regulations the
EPA’s delegation of authority to
implement the Federal Plan and does
not impose additional requirements
beyond those imposed by the alreadyapplicable Federal Plan. 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 14094 (88 FR
21879, April 11, 2023);
• 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 subject to Executive Order
13045 (62 FR 19885, April 23, 1997)
because it approves a state program;
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001); and
• 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
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Federal Register / Vol. 89, No. 149 / Friday, August 2, 2024 / Rules and Regulations
application of those requirements would
be inconsistent with the Clean Air Act.
In addition, the delegation of
authority is not approved to apply on
any Indian reservation land or in any
other area where the 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).
Executive Order 12898 (Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal
agencies to identify and address
‘‘disproportionately high and adverse
human health or environmental effects’’
of their actions on minority populations
and low-income populations to the
greatest extent practicable and
permitted by law. The EPA defines
environmental justice (EJ) as ‘‘the fair
treatment and meaningful involvement
of all people regardless of race, color,
national origin, or income with respect
to the development, implementation,
and enforcement of environmental laws,
regulations, and policies.’’ The EPA
further defines the term fair treatment to
mean that ‘‘no group of people should
bear a disproportionate burden of
environmental harms and risks,
including those resulting from the
negative environmental consequences of
industrial, governmental, and
commercial operations or programs and
policies.’’
The IDEQ did not evaluate
environmental justice considerations as
part of its submittal; the Clean Air Act
and applicable implementing
regulations neither prohibit nor require
such an evaluation. The EPA did not
perform an EJ analysis and did not
consider EJ in this action. Due to the
nature of this action, it is expected to
have a neutral to positive impact on the
air quality of the affected area.
Consideration of EJ is not required as
part of this action, and there is no
information in the record inconsistent
with the stated goal of Executive Order
12898 of achieving environmental
justice for people of color, low-income
populations, and Indigenous peoples.
This action is subject to the
Congressional Review Act and the EPA
will submit a rule report to each House
of the Congress and to the Comptroller
General of the United States. This action
is not a ‘‘major rule’’ as defined by 5
U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
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this action must be filed in the United
States Court of Appeals for the
appropriate circuit by October 1, 2024.
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. 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, Intergovernmental
relations, Reporting and recordkeeping
requirements, Waste treatment and
disposal.
Dated: July 25, 2024.
Casey Sixkiller,
Regional Administrator, Region 10.
For the reasons set forth in the
preamble, 40 CFR part 62 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 N—Idaho
2. Add an undesignated center
heading immediately before § 62.3110
and revise § 62.3110 to read as follows:
■
Air Emissions from Hospital/Medical/
Infectious Waste Incinerators
(HMIWI)—Section 111(d)/129 Plan
§ 62.3110 Identification of plan—Idaho
Department of Environmental Quality.
(a) Delegation of authority. On
October 9, 2014, and November 7, 2014,
the EPA and the IDEQ, respectively,
signed a Memorandum of Agreement
(MOA) that defines policies,
responsibilities, and procedures
pursuant to subpart HHH of this part
(the ‘‘Federal Plan’’) by which the
Federal Plan will be administered by the
Idaho Department of Environmental
Quality (IDEQ).
(b) Identification of sources. The
MOA and related Federal Plan apply to
existing hospital/medical/infectious
waste incinerators for which
construction was commenced on or
before December 1, 2008, or for which
modification was commenced on or
before April 6, 2010.
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63101
(c) Effective date of delegation. The
delegation became fully effective on
November 7, 2014, the effective date of
the MOA between the EPA and the
IDEQ.
[FR Doc. 2024–16952 Filed 8–1–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 282
[EPA–R01–UST–2023–0321; FRL–11752–
02–R1]
Massachusetts: Final Approval of State
Underground Storage Tank Program
Revisions, Codification, and
Incorporation by Reference
Environmental Protection
Agency (EPA)
ACTION: Direct final rule.
AGENCY:
Pursuant to the Resource
Conservation and Recovery Act (RCRA
or Act), the Environmental Protection
Agency (EPA) is taking direct final
action to approve revisions to the State
of Massachusetts’ Underground Storage
Tank (UST) program submitted by the
Massachusetts Department of
Environmental Protection (MassDEP).
This action also codifies EPA’s approval
of Massachusetts’ state program and
incorporates by reference those
provisions of the State statutes and
regulations that we have determined
meet the requirements for approval. The
provisions will be subject to EPA’s
inspection and enforcement authorities
under sections 9005 and 9006 of RCRA
Subtitle I and other applicable statutory
and regulatory provisions.
DATES: This rule is effective October 1,
2024, unless EPA receives adverse
comment by September 3, 2024. If EPA
receives adverse comments, it will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. The
incorporation by reference of a certain
publication listed in the regulations is
approved by the Director of the Federal
Register, as of October 1, 2024, in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51.
ADDRESSES: Submit your comments by
one of the following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
2. Email: coyle.joan@epa.gov.
Instructions: Direct your comments to
Docket ID No. EPA–R01–UST–2023–
0321. EPA’s policy is that all comments
received will be included in the public
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 149 (Friday, August 2, 2024)]
[Rules and Regulations]
[Pages 63099-63101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16952]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R10-OAR-2023-0553; FRL-11570-01-R10]
Approval and Promulgation of State Plans for Designated
Facilities and Pollutants; State of Idaho; Delegation of Authority,
Federal Plan for Existing Hospital/Medical/Infectious Waste
Incinerators
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving the
State of Idaho's request to implement and enforce the Federal Plan
Requirements for Hospital/Medical/Infectious Waste Incinerators (HMIWI)
Constructed on or before December 1, 2008 (the Federal Plan). The
Federal Plan establishes emission limits, monitoring, and other
requirements for certain existing HMIWI units. The EPA and the Idaho
Department of Environmental Quality (IDEQ) entered into a Memorandum of
Agreement (MOA), effective November 7, 2014, documenting the policies,
responsibilities, and procedures the IDEQ will follow, as well as the
authorities retained by the EPA.
DATES: This final rule is effective on September 3, 2024.
ADDRESSES: The EPA has established a docket for this action, identified
by Docket ID No. EPA-R10-OAR-2023-0553 at https://www.regulations.gov.
All documents cited in this rule or used by the EPA in its analysis of
this rulemaking (with the exception of documents containing
confidential business information and documents generally available to
the public), including the IDEQ's submittal are accessible through the
docket. If alternative means of reviewing the documents is required,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section for additional availability information.
FOR FURTHER INFORMATION CONTACT: Bryan Holtrop, Air and Radiation
Division, EPA, Region 10, 1200 Sixth Avenue, Suite 155, M/S 15-H13,
Seattle, WA 98101-3144, telephone number: (206) 553-4473, email
address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Section 129 of the Clean Air Act (the ``CAA'' or ``Act''), titled
``Solid Waste Combustion,'' requires the EPA to develop and adopt
standards for solid waste incineration units pursuant to sections
111(d) and 129 of the Act. The EPA promulgated revisions to the
emissions guidelines (EG) for HMIWI units on April 4, 2011 (76 FR
18407), and May 13, 2013 (78 FR 28052), as amended by a correction
published on September 6, 2013 (78 FR 54766). Codified at 40 CFR part
60, subpart Ce, this final rule sets limits for nine pollutants under
section 129 of the CAA: Cadmium (Cd), carbon monoxide (CO), hydrogen
chloride (HCL), lead (Pb), mercury (Hg), nitrogen oxides
(NOX), particulate matter (PM), dioxins/furans, and sulfur
dioxide (SO2). The EG apply to existing HMIWI units, which
are those units that commenced construction on or before December 1,
2008, or that commenced modification on or before April 6, 2010 (see 40
CFR 60.32e).
CAA section 129 also requires each state in which HMIWI units are
operating to submit a plan to implement and enforce the EG with respect
to such units. State plan requirements must be ``at least as
protective'' as the EG and become federally enforceable upon approval
by the EPA. The procedures for adoption and submittal of state plans
are codified in 40 CFR part 60, subpart B. For each state that does not
submit a plan, the EPA is required to develop and implement a Federal
Plan within two years following promulgation of the emission
guidelines. Accordingly, the EPA promulgated the HMIWI Federal Plan on
May 13, 2013 (78 FR 28052). The EPA implementation and enforcement of
the Federal Plan is viewed as an interim measure until a state assumes
its role as the preferred implementer of the emission guidelines
requirements stipulated in the Federal Plan. In the Federal Plan
rulemaking, the EPA strongly encouraged each state and local agency in
a jurisdiction that did not submit an approvable state plan to request
delegation of the HMIWI Federal Plan so that it can have the
[[Page 63100]]
primary responsibility for implementing and enforcing regulations
affecting existing HMIWI units, consistent with the intent of section
129 of the CAA.
II. Submittal and EPA Approval of Requests for Delegation of the
Federal Plan
On April 14, 2014, the IDEQ requested delegation of authority from
the EPA to implement and enforce the Federal Plan for any existing
HMIWI units operating within the State of Idaho, codified at 40 CFR
part 62, subpart HHH. The delegation of authority does not apply to
sources located in Indian country.
The EPA evaluates requests for delegation of the HMIWI Federal Plan
pursuant to the provisions of the HMIWI Federal Plan and the EPA's
Delegations Manual. Pursuant to the HMIWI Federal Plan, a state may
meet its CAA section 111(d)/129 obligations by submitting an acceptable
written request for delegation of the Federal Plan that includes the
following elements: (1) a demonstration of adequate resources and legal
authority to administer and enforce the Federal Plan; (2) an inventory
of affected HMIWI units, an inventory of emissions from affected HMIWI
units, and provisions for state progress reports; (3) certification
that the state held a hearing on the state delegation request; and (4)
a commitment to enter into a MOA with the Regional Administrator that
sets forth the terms, conditions, and effective date of the delegation
and that serves as the mechanism for the transfer of authority (see 40
CFR 62.14401) (78 FR 28052, May 13, 2013). The IDEQ met delegation
requirements (1) through (3) in a letter to the EPA dated April 14,
2014, which is included in the docket for this action, as well as
requirement (4), which is addressed in the following paragraphs of this
preamble.
Pursuant to the EPA's Delegations Manual, item 7-139,
Implementation and Enforcement of 111(d)(2) and 111(d)(2)/129(b)(3)
Federal Plans, a copy of which is included in the docket for this
action, the Regional Administrator is authorized to delegate authority
to implement and enforce section 111(d)/129 Federal Plans to states.
The requirements and limitations of a delegation agreement are set
forth in item 7-139 of the Delegations Manual. Consistent with those
requirements, the EPA prepared an MOA between the EPA and the IDEQ
which defines policies, responsibilities, and procedures pursuant to
the HMIWI Federal Plan by which the Federal Plan will be administered
by the IDEQ. The MOA was signed by the Regional Administrator for EPA
Region 10 on October 9, 2014. Subsequently, on November 7, 2014, the
Director of the IDEQ signed the MOA, thus agreeing to the terms and
conditions of the MOA and accepting responsibility for implementation
and enforcement of the policies and procedures of the Federal Plan,
except for certain authorities (e.g., approval of major alternatives to
test methods or monitoring) retained by the EPA. The EPA continues to
retain enforcement authority. The MOA, and resulting delegation of
authority, became effective upon signature by the IDEQ Director on
November 7, 2014. The MOA is located in the docket for this action.
The EPA has evaluated the IDEQ submittal for consistency with the
CAA, EPA regulations, and EPA policy. The IDEQ has met the requirements
for obtaining delegation of authority to implement and enforce the HMWI
Federal Plan. The IDEQ entered into a MOA with the EPA and it became
effective on November 7, 2014. Accordingly, the EPA is codifying
approval of the IDEQ request, dated April 14, 2014, for delegation of
authority to implement and enforce the Federal Plan for existing HMIWI
units. The EPA will continue to retain certain specific authorities as
specified in the HMIWI Federal Plan and as indicated in the MOA (e.g.,
authority to approve major alternatives to test methods or monitoring,
etc.).
III. EPA Action
In this action, the EPA is notifying the public and is codifying
approval of a request submitted by the IDEQ for delegation of authority
to implement and enforce the Federal Plan for existing HMIWI units in
Idaho, pursuant to 40 CFR part 62, subpart HHH.
IV. Good Cause Finding
Section 553(b) of the Administrative Procedure Act (APA) requires
publication of notice of proposed rulemaking and specifies what the
notice shall include. See 5 U.S.C. 553(b). However, the APA provides an
exception from this requirement ``when the agency for good cause finds
(and incorporates the finding and a brief statement of reasons
therefore in the rules issued) that notice and public procedure thereon
are impracticable, unnecessary, or contrary to the public interest.'' 5
U.S.C. 553(b)(3)(B).
The EPA has found good cause for making this action final without
prior proposal and opportunity for comment because this ministerial
action merely codifies the EPA's delegation of authority to implement
and enforce the HMIWI Federal Plan to the IDEQ. This action does not
alter the universe of sources regulated under the Federal Plan, which
was previously subject to the IDEQ's State plan implementing the HMIWI
EG and is now subject to functionally identical requirements contained
in the Federal Plan. In other words, this action does not substantively
alter the regulatory requirements applicable to HMIWI units residing
within the IDEQ's jurisdiction. In these circumstances, notice and
comment procedures are unnecessary.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator has the authority to delegate the
authority to implement a 111(d)/129 Federal Plan that complies with the
provisions of the CAA and applicable Federal regulations (see 40 CFR
60.27). In reviewing 111(d)/129 Federal Plan delegation requests, the
EPA's role is to approve state choices, provided that they meet the
criteria of the CAA and of the EPA's implementing regulations.
Accordingly, this action merely codifies in the Code of Federal
Regulations the EPA's delegation of authority to implement the Federal
Plan and does not impose additional requirements beyond those imposed
by the already-applicable Federal Plan. 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 14094 (88 FR 21879, April 11, 2023);
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 subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
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
[[Page 63101]]
application of those requirements would be inconsistent with the Clean
Air Act.
In addition, the delegation of authority is not approved to apply
on any Indian reservation land or in any other area where the 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).
Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
The IDEQ did not evaluate environmental justice considerations as
part of its submittal; the Clean Air Act and applicable implementing
regulations neither prohibit nor require such an evaluation. The EPA
did not perform an EJ analysis and did not consider EJ in this action.
Due to the nature of this action, it is expected to have a neutral to
positive impact on the air quality of the affected area. Consideration
of EJ is not required as part of this action, and there is no
information in the record inconsistent with the stated goal of
Executive Order 12898 of achieving environmental justice for people of
color, low-income populations, and Indigenous peoples.
This action is subject to the Congressional Review Act and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
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 October 1, 2024. 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. 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, Intergovernmental
relations, Reporting and recordkeeping requirements, Waste treatment
and disposal.
Dated: July 25, 2024.
Casey Sixkiller,
Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 62 is
amended as follows:
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart N--Idaho
0
2. Add an undesignated center heading immediately before Sec. 62.3110
and revise Sec. 62.3110 to read as follows:
Air Emissions from Hospital/Medical/Infectious Waste Incinerators
(HMIWI)--Section 111(d)/129 Plan
Sec. 62.3110 Identification of plan--Idaho Department of
Environmental Quality.
(a) Delegation of authority. On October 9, 2014, and November 7,
2014, the EPA and the IDEQ, respectively, signed a Memorandum of
Agreement (MOA) that defines policies, responsibilities, and procedures
pursuant to subpart HHH of this part (the ``Federal Plan'') by which
the Federal Plan will be administered by the Idaho Department of
Environmental Quality (IDEQ).
(b) Identification of sources. The MOA and related Federal Plan
apply to existing hospital/medical/infectious waste incinerators for
which construction was commenced on or before December 1, 2008, or for
which modification was commenced on or before April 6, 2010.
(c) Effective date of delegation. The delegation became fully
effective on November 7, 2014, the effective date of the MOA between
the EPA and the IDEQ.
[FR Doc. 2024-16952 Filed 8-1-24; 8:45 am]
BILLING CODE 6560-50-P
