

[Federal Register: January 10, 2007 (Volume 72, Number 6)]
[Proposed Rules]               
[Page 1197-1200]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ja07-23]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R05-OAR-2006-0560; FRL-8267-4]

 
Approval and Promulgation of Air Implementation Plans; Ohio; 
Rules to Control Emissions From Hospital, Medical, and Infectious Waste 
Incinerators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The EPA is proposing to approve, with exceptions noted below, 
a State plan submitted by Ohio concerning criteria pollutant and toxic 
emissions from Hospital, Medical and Infectious Waste Incinerators 
(HMIWI) in the State. EPA is proposing to approve all other items 
requested in Ohio's letter of October 18, 2005, including limits for a 
variety of emissions from HMIWI units including mercury, cadmium, lead, 
hydrogen chloride, and dioxin and criteria pollutants. Ohio prepared a 
plan based on CAA sections 111(d) and 129 for existing hospital, 
medical and infectious waste incinerators and asked that it be reviewed 
and approved as a revision to the State plan. The State's HMIWI plan 
sets out requirements for affected units at least as stringent as the 
EPA requirements entitled ``Emission Guidelines (EG) and Compliance 
Times for Hospital/Medical/ Infectious Waste Incinerators'' published 
in the Federal Register dated September 15, 1997. For approval, the 
State plan must include requirements for emission limits at least as 
protective as those requirements stated in the emission guideline. The 
rules in the plan apply to existing sources only for which construction 
commenced on or before June 20, 1996. New sources constructed after 
this date are covered by a Federal new source performance standard. The 
Ohio rules, contained in the plan, were proposed on March 22, 2002, and 
a public hearing was held on April 29, 2002. The rules became effective 
in Ohio on March 23, 2004. Plans affecting this source category were 
due from States with HMIWI subject to the emission guidelines on 
September 15, 1998. Ohio missed the submittal deadline and became 
subject to the Federal Plan on August 15, 2000, (65 FR 49868). We are 
proposing to approve the Ohio plan because we believe it meets the 
requirements of the EPA emission guideline affecting hospital 
incinerators.

[[Page 1198]]

    Any party interested in commenting on EPA's proposed approval 
should do so within the timeframe noted below.

DATES: Comments must be received on or before February 9, 2007.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2006-0560 by one of the following methods:
     http://www.regulations.gov: Follow the on-line 

instructions for submitting comments.
     E-mail: mooney.john@epa.gov.
     Fax: (312) 886-5824.
     Mail: John M. Mooney, Chief, Criteria Pollutant Section, 
Air Programs Branch (AR-18J), U.S. Environmental Protection Agency, 
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
     Hand delivery: John M. Mooney, Chief, Criteria Pollutant 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604. 
Such deliveries are only accepted during the Regional Office normal 
hours of operation. The Regional Office official hours of business are 
Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal 
holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R05-OAR-
2006-0560. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available on line 
at http://www.regulations.gov, including any personal information provided, 

unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through http://www.regulations.gov or e-mail. 

The http://www.regulations.gov Web site is an ``anonymous access'' system, 

which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov, 

your e-mail address will be automatically captured and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD-ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
instructions on submitting comments, go to Section I of the 
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the electronic docket are listed in the 
http://www.regulations.gov/ index. Although listed in the index, some 

information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Environmental 

Protection Agency, Region 5, Air and Radiation Division, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. This Facility is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. We recommend that you telephone John Paskevicz, Engineer, at 
(312) 886-6084 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: John Paskevicz, Engineer, Criteria 
Pollutant Section, Air Programs Branch (AR-18J), EPA Region 5, 77 West 
Jackson Boulevard, Chicago, Illinois 60604, (312)353-8656, or via e-
mail at paskevicz.john@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' are used we mean the EPA. The SUPPLEMENTARY 
INFORMATION is arranged as follows:

I. What Should I Consider as I Prepare My Comments for EPA?
II. Does This Action Apply to Me?
III. Did the State Provide an Opportunity for Public Review?
IV. Does the State Plan Meet the Requirements of the EPA Model Rule 
and Emission Guideline?
V. What Action Is EPA Taking Today?
VI. Statutory and Executive Order Reviews

SUPPLEMENTARY INFORMATION:

I. What Should I Consider as I Prepare My Comments for EPA?

    When submitting comments, remember to:
    1. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    2. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    3. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    4. Describe any assumptions and provide any technical information 
and/or data that you used.
    5. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    6. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    7. Explain your views as clearly as possible, avoiding the use of 
vulgarity or personal threats.
    8. Make sure to submit your comments by the comment period deadline 
identified.

II. Does This Action Apply to Me?

    Ohio Administrative Code (OAC) 3745-75, Hospital/Medical/ 
Infectious (HMI) Waste Incinerator rules apply to existing (prior to 
June 1996) incinerator units which burn waste generated at hospitals. 
Waste (hospital waste and medical/infectious waste) is defined in the 
State rule similar to the definitions found in the EPA emission 
guideline, dated September 15, 1997. These State rules do not apply to 
new units. New units are subject to Federal new source performance 
standards issued in September 1997. Some existing units in this rule 
may be exempt from the requirement if these units co-fire with other 
fuels or municipal waste where the HMI waste is less than a specific 
fraction of the total waste stream. This action applies to you if you 
own and/or operate an existing hospital, medical, infectious waste 
incinerator in the State of Ohio defined in the ``applicability'' 
portion of the Ohio rule OAC 3745-75-01. Some exemptions are available 
in the State rule and these exemptions are consistent with the Federal 
plan requirements published in the Federal Register on August 15, 2000. 
65 FR 49881.

III. Did the State Provide an Opportunity for Public Review?

    The Emission Guidelines (EG) and Compliance Times for Hospital 
Medical and Infectious Waste Incinerators were published in the Federal 
Register on September 15, 1997. Plans affecting HMIWI sources subject 
to the EG were due from the States to EPA on September 15, 1998. Ohio 
did not meet this deadline and HMIWI sources in the State became 
subject to a Federal plan on August 15, 2000, (65 FR 49868.) The Ohio 
rules were made public and proposed on March 22, 2002, and a public 
hearing was held in Columbus, Ohio on April 29, 2002. No members of

[[Page 1199]]

the public provided public testimony at the hearing. There were, 
however, several public comments from industry and other State agencies 
on the new rules. The State's rules became effective on March 23, 2004. 
The plan containing the rules was submitted to EPA on October 18, 2005, 
and set out requirements for affected units at least as stringent as 
those in 40 CFR part 60, subpart Ce, known as ``Emission Guidelines 
(EG) and Compliance Times for Hospital/Medical/Infectious Waste 
Incinerators.''
    EPA finds that the State plan includes requirements for emission 
limits at least as protective as the requirements stated in the 
emission guideline document. The State plan follows the requirements of 
the model rule with one exception. The State reports in its emission 
inventory that there are no small rural (HMIWI) incinerators in the 
State, as defined in the Emission Guideline (noted above) and the 
Federal Plan (40 CFR 62.14490), and therefore Ohio did not include this 
source size in the State plan. A ``small rural HMIWI'' is defined as a 
small HMIWI which is located more than 50 miles from the boundary of 
the nearest Standard Metropolitan Statistical Area and which burns less 
than 2,000 pounds per week of hospital waste and medical waste. 
Citizens of Ohio, who believe this may not be the case for any facility 
they are aware of, are asked to comment to this effect per instructions 
noted above.

IV. Does the State Plan Meet the Requirements of the EPA Model Rule and 
Emission Guideline?

    The State plan incorporates elements of the model rule and elements 
of the Federal emission guideline organized in a format which meets 
State administrative requirements. As noted above, the State emissions 
inventory of all HMIWI sources in the State shows that there are no 
small rural HMIWI units in Ohio. The State does not include this source 
size in the rule being proposed for approval. Citizens are asked to 
comment on this if they have information to the contrary.
    The State rule addresses all of the emission limits of the named 
pollutants in the Federal Plan. The State rule also sets emission 
limits for pollutants not part of the Federal emission guideline or the 
Federal Plan. The State includes in its rule limits on arsenic, 
beryllium, chromium, and nickel. EPA will not propose approval, or take 
any action on these limits because these pollutants are not part of the 
Federal HMIWI plan or EG. EPA does not have legal authority to rule on 
these other pollutants in the context of the Federal HMIWI emission 
guideline document and the Federal Plan and therefore will not address 
these pollutants in this proposed approval.

V. What Action Is EPA Taking Today?

    The EPA is proposing to approve, with some exceptions noted above, 
the Ohio plan which will reduce emissions from incinerators in order 
for the State to continue to protect the health of the people of Ohio. 
EPA is not acting on the following portions of the Ohio Rule 3745-75-
02(I)(1) (arsenic), -02(I)(2) (beryllium), -02(I)(4) (chromium), and -
02(I)(7) (nickel) because the emission limits noted here are not part 
of the EPA EG document and approval of these emission limits for the 
pollutants noted would exceed the EPA's authority. EPA is proposing to 
approve all other items requested in Ohio's letter of October 18, 2005, 
including limits for a variety of emissions from HMIWI units including 
mercury, cadmium, lead, hydrogen chloride, dioxin and criteria 
pollutants.

VI. Statutory and Executive Order Reviews

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, September 30, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget.

Paperwork Reduction Act

    This proposed rule does not impose an information collection burden 
under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.).

Regulatory Flexibility Act

    This proposed action merely proposes to approve state law as 
meeting Federal requirements and imposes no additional requirements 
beyond those imposed by state law. Accordingly, the Administrator 
certifies that this proposed rule will not have a significant economic 
impact on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act

    Because this rule proposes to approve pre-existing requirements 
under state law and does not impose any additional enforceable duty 
beyond that required by state law, it does not contain any unfunded 
mandate or significantly or uniquely affect small governments, as 
described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).

Executive Order 13132: Federalism

    This action also does not have federalism implications because it 
does not have substantial direct effects on the states, on the 
relationship between the national government and the states, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). This action merely proposes to approve a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act.

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    This proposed rule also does not have tribal implications because 
it will not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes, as specified by Executive 
Order 13175 (65 FR 67249, November 9, 2000).

Executive Order 13045: Protection of Children From Environmental Health 
and Safety Risks

    This proposed rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.

Executive Order 13211: Actions That Significantly Affect Energy Supply, 
Distribution, or Use

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or a ``significant energy action,'' this action 
is also not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001).

National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), 15 U.S.C. 272, requires Federal agencies to use 
technical standards that are developed or adopted by voluntary 
consensus to carry out policy objectives, so long as such standards are 
not inconsistent with applicable law or otherwise impractical. In 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of

[[Page 1200]]

the Clean Air Act. Absent a prior existing requirement for the state to 
use voluntary consensus standards, EPA has no authority to disapprove a 
SIP submission for failure to use such standards, and it would thus be 
inconsistent with applicable law for EPA to use voluntary consensus 
standards in place of a program submission that otherwise satisfies the 
provisions of the Clean Air Act. Therefore, the requirements of section 
12(d) of the NTTA do not apply.

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Nitrogen dioxide, 
Particulate matter, Carbon monoxide, Reporting and recordkeeping 
requirements.

    Dated: December 27, 2006.
Steve Rothblatt,
Acting Regional Administrator, Region 5.
 [FR Doc. E7-178 Filed 1-9-07; 8:45 am]

BILLING CODE 6560-50-P
