Approval and Promulgation of State Plans for Designated Facilities and Pollutants; Control of Emissions From Hospital/Medical/ Infectious Waste Incinerators; State of Iowa

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[IA 070-1070a; FRL-6359-4]

Approval and Promulgation of State Plans for Designated

Facilities and Pollutants; Control of Emissions From Hospital/Medical/

Infectious Waste Incinerators; State of Iowa

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving the state of Iowa's section 111(d) plan for

controlling emissions from existing hospital/medical/infectious waste

incinerators (HMIWIs). The plan was submitted to fulfill the

requirements of sections 111 and 129 of the Clean Air Act (CAA). The

state plan establishes emission limits and controls for sources

constructed on or before June 20, 1996.

DATES: This direct final rule is effective on August 16, 1999 without

further notice, unless EPA receives adverse comment by July 19, 1999.

If adverse comment is received, EPA will publish a timely withdrawal of

the direct final rule in the Federal Register and inform the public

that the rule will not take effect.

ADDRESSES: All comments should be addressed to: Wayne Kaiser, Air

Planning and Development Branch, 901 North 5th Street, Kansas City,

Kansas 66101.

Copies of the state submittal are available at the following

addresses for inspection during normal business hours: Environmental

Protection Agency, Air Planning and Development Branch, 901 North 5th

Street, Kansas City, Kansas 66101; and the Environmental Protection

Agency, Air and Radiation Docket and Information Center, Air Docket

(6102), 401 M Street, SW, Washington, D.C. 20460.

FOR FURTHER INFORMATION CONTACT: Wayne Kaiser at (913) 551-7603.

SUPPLEMENTARY INFORMATION: Information regarding this action is

presented in the following order:

What are the requirements of section 129 of the CAA?

What is a section 111(d) state plan?

What is Subpart Ce?

What are the requirements for the HMIWI state plan?

What is contained in the Iowa state plan?

What are the approval criteria for the state plan?

What Are the Requirements of Section 129 of the CAA?

Section 129 of the CAA Amendments of 1990 requires EPA to set air

emission standards and emission guidelines (EG) under the authority of

section 111 of the CAA to reduce pollution from incinerators that burn

solid waste. Incinerators that burn medical waste are classified as

solid waste incinerators and therefore must be regulated.

What Is a Section 111(d) State Plan?

Section 111(d) of the CAA, ``Standards of Performance For New

Stationary Sources,'' authorizes EPA to set air emissions standards for

certain categories of sources. These standards are called new source

performance standards (NSPS). Once an NSPS is promulgated, EPA then

publishes an EG applicable to the control of the same pollutant from

existing (designated) facilities. States with designated facilities

must then develop a state plan to adopt the EG into its body of

regulations and submit it to EPA for approval. The state plan is called

a 111(d) plan.

What Is Subpart Ce?

EPA issued regulations to reduce air pollution from incinerators

that are used to burn hospital waste and/or medical/infectious waste.

The NSPS at 40 CFR Part 60, Subpart Ec, and EG, Subpart Ce, were

promulgated by EPA on September 15, 1997 (62 FR 48374). These rules

apply to new and existing incinerators used by hospitals and health

care facilities, as well as to incinerators used by commercial waste

disposal companies to burn hospital waste and/or medical/infectious

waste. The EG applies to existing HMIWIs that commenced construction on

or before June 20, 1996.

The Subpart Ce EG is not a direct Federal regulation but is a

``guideline'' for states to use in regulating existing HMIWIs. The EG

requires states to submit for EPA approval a section 111(d) state plan

containing air emission regulations and compliance schedules for

existing HMIWI.

What Are the Requirements for the HMIWI State Plan?

A section 111(d) state plan submittal must meet the requirements of

40 CFR Part 60, Subpart B, sections 60.23 through 60.26, and 40 CFR

Part Ce. Subpart B addresses public participation, legal authority,

emission standards and other emission limitations, compliance

schedules, emission inventories, source surveillance, and compliance

assurance and enforcement requirements. The technical requirements for

HMIWI sources are contained in Subpart Ce. A state will generally

address the HMIWI technical requirements by adopting by reference

Subpart Ce. The section 111(d) state plan is required to be submitted

within one year of the EG promulgation date, i.e., by September 15,

1998.

Prior to submittal to EPA, the state must make available to the

public the state plan and provide opportunity for public comment. If a

state fails to have an approvable plan in place by September 15, 1999,

sources will be subject to a Federal plan on that date.

What Is Contained in the Iowa State Plan?

The state of Iowa submitted its section 111(d) state plan to EPA

for approval on February 11, 1999. The state adopted the NSPS by

reference into state Rule 23.1(2)``ttt'' and the EG requirements into

Rule 23.1(5)``b'' effective December 23, 1998. The section 111(d) state

plan contains:

1. A demonstration of the state's legal authority to implement the

section 111(d) state plan.

2. State Rule 23.1(5)``b'' as the enforceable mechanism.

3. An inventory of sources in Table 1.

4. An emissions inventory in Table 2.

5. Emission limits that are as protective as the EG.

6. A compliance date 36 months after the effective date of the

Federal approval of this state plan or a final compliance date not

later than September 15, 2002.

7. Testing, monitoring, and inspection requirements.

8. Reporting and recordkeeping requirements for the designated

facilities.

9. Operator training and qualification requirements.

10. Requirements for the development of waste management plans.

11. A record of the public notice and hearing requirements.

[[Page 32426]]

12. Provisions for progress reports to EPA.

13. Title V permit application due date.

14. A final compliance date not later than three years after

approval of the state plan or September 15, 2002, whichever is earlier.

What Are the Approval Criteria for the State Plan?

The state plan was reviewed for approval against the following

criteria: 40 CFR 60.23 through 60.26, Subpart B, ``Adoption and

Submittal of State Plans for Designated Facilities,'' and 40 CFR 60,

60.30e through 60.39e, Subpart Ce, ``Emission Guidelines and Compliance

Times for Hospital/Medical/Infectious Waste Incinerators.'' A detailed

discussion of our evaluation of the state plan is included in our

technical support document (TSD) located in the official file for this

action and available from the EPA contact listed above. The state plan

meets all of the applicable approval criteria.

Final Action

Based on the rationale discussed above and in further detail in the

TSD associated with this action, we are approving Iowa's January 29,

1999, section 111(d) state plan for the control of HMIWI emissions,

except for those facilities located in Indian country. Any facilities

located in Indian country will be subject to a Federal plan. In Iowa

there are no known HMIWIs in Indian country.

EPA is publishing this rule without prior proposal because the

Agency views this as a noncontroversial submittal and anticipates no

adverse comments. However, in the proposed rules section of this

Federal Register publication, EPA is publishing a separate document

that will serve as the proposal to approve the SIP revision should

adverse comments be filed. This rule will be effective August 16, 1999

without further notice unless the Agency receives adverse comments by

July 19, 1999.

If EPA receives such comments, then EPA will publish a document

withdrawing the final rule and informing the public that the rule will

not take effect. All public comments received will then be addressed in

a subsequent final rule based on the proposed rule. EPA will not

institute a second comment period. Parties interested in commenting

should do so at this time. If no such comments are received, the public

is advised that this rule will be effective on August 16, 1999 and no

further action will be taken on the proposed rule.

Administrative Requirements

A. Executive Order (E.O.) 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from E.O. 12866, entitled ``Regulatory Planning and

Review.''

B. E.O. 12875

Under E.O. 12875, Enhancing the Intergovernmental Partnership, EPA

may not issue a regulation that is not required by statute and that

creates a mandate upon a state, local, or tribal government, unless the

Federal Government provides the funds necessary to pay the direct

compliance costs incurred by those governments, or EPA consults with

those governments. If EPA complies by consulting, E.O. 12875 requires

EPA to provide to the OMB a description of the extent of EPA's prior

consultation with representatives of affected state, local, and tribal

governments, a summary of the nature of their concerns, copies of any

written communications from the governments, and a statement supporting

the need to issue the regulation. In addition, E.O. 12875 requires EPA

to develop an effective process permitting elected officials and other

representatives of state, local, and tribal governments ``to provide

meaningful and timely input in the development of regulatory proposals

containing significant unfunded mandates.''

Today's rule does not create a mandate on state, local, or tribal

governments. The rule does not impose any enforceable duties on these

entities. Accordingly, the requirements of section 1(a) of E.O. 12875

do not apply to this rule.

C. E.O. 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997) applies to any rule that: (1) is

determined to be ``economically significant'' as defined under E.O.

12866, and (2) concerns an environmental health or safety risk that EPA

has reason to believe may have a disproportionate effect on children.

If the regulatory action meets both criteria, the Agency must evaluate

the environmental health or safety effects of the planned rule on

children, and explain why the planned regulation is preferable to other

potentially effective and reasonably feasible alternatives considered

by the Agency.

This rule is not subject to E.O. 13045 because it is not an

economically significant regulatory action as defined by E.O. 12866,

and it does not address an environmental health or safety risk that

would have a disproportionate effect on children.

D. E.O. 13084

Under E.O. 13084, Consultation and Coordination with Indian Tribal

Governments, EPA may not issue a regulation that is not required by

statute, that significantly or uniquely affects the communities of

Indian tribal governments, and that imposes substantial direct

compliance costs on those communities, unless the Federal Government

provides the funds necessary to pay the direct compliance costs

incurred by the tribal governments, or EPA consults with those

governments. If EPA complies by consulting, E.O. 13084 requires EPA to

provide to the OMB, in a separately identified section of the preamble

to the rule, a description of the extent of EPA's prior consultation

with representatives of affected tribal governments, a summary of the

nature of their concerns, and a statement supporting the need to issue

the regulation. In addition, E.O. 13084 requires EPA to develop an

effective process permitting elected officials and other

representatives of Indian tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on matters

that significantly or uniquely affect their communities.''

Today's rule does not significantly or uniquely affect the

communities of Indian tribal governments. This action does not involve

or impose any requirements that affect Indian tribes. Accordingly, the

requirements of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act (RFA)

Under the RFA, 5 U.S.C. 600 et seq., EPA must prepare a regulatory

flexibility analysis assessing the impact of any proposed or final rule

on small entities (5 U.S.C. 603 and 604). Alternatively, EPA may

certify that the rule will not have a significant impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and government entities

with jurisdiction over populations of less than 50,000.

State plan approvals under section 111 of the CAA do not create any

new requirements but simply approve requirements that the state is

already imposing. Therefore, because the Federal state plan approval

does not create any new requirements, I certify that this action will

not have a significant economic impact on a substantial number of small

entities.

[[Page 32427]]

F. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

annual costs to state, local, or tribal governments in the aggregate;

or to the private sector, of $100 million or more. Under section 205,

EPA must select the most cost-effective and least burdensome

alternative that achieves the objectives of the rule and is consistent

with statutory requirements. Section 203 requires EPA to establish a

plan for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated annual costs of

$100 million or more to either state, local, or tribal governments in

the aggregate, or to the private sector. This Federal action approves

preexisting requirements under state or local law, and imposes no new

requirements. Accordingly, no additional costs to state, local, or

tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit a report containing this rule and other

required information to the U.S. Senate, the U.S. House of

Representatives, and the U.S. Comptroller General prior to publication

of the rule in the Federal Register. This rule is not a ``major rule''

as defined by 5 U.S.C. 804(2).

H. Petitions for Judicial Review

Under section 307(b)(1) of the CAA, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by August 16, 1999. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule for the purposes of judicial review, nor does

it extend the time within which a petition for judicial review may be

filed, and shall not postpone the effectiveness of such rule or action.

This action may not be challenged later in proceedings to enforce its

requirements. [See section 307(b)(2).]

List of Subjects 40 CFR Part 62

Environmental protection, Air pollution control, Intergovernmental

relations, Reporting and recordkeeping requirements.

Dated: June 1, 1999.

William Rice,

Acting Regional Administrator, Region VII.

Chapter I, title 40 of the Code of Federal Regulations is amended

as follows:

PART 62--[AMENDED]

1. The authority citation for Part 62 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart Q--Iowa

2. Subpart Q is amended by adding Sec. 62.3914 and an undesignated

center heading to read as follows:

Air Emissions From Existing Hospital/Medical/Infectious Waste

Incinerators

Sec. 62.3914 Identification of plan.

(a) Identification of plan. Iowa plan for the control of air

emissions from hospital/medical/infectious waste incinerators submitted

by the Iowa Department of Natural Resources on January 29, 1999.

(b) Identification of sources. The plan applies to existing

hospital/medical/infectious waste incinerators constructed on or before

June 20, 1996.

(c) Effective date. The effective date of the plan is August 16,

1999.

[FR Doc. 99-15165 Filed 6-16-99; 8:45 am]

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