

[Federal Register: July 5, 2007 (Volume 72, Number 128)]
[Rules and Regulations]               
[Page 36605-36607]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05jy07-9]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R05-OAR-2006-0560; FRL-8335-5]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is giving final approval to a State plan submitted by 
Ohio concerning criteria pollutant and toxic emissions from Hospital, 
Medical and Infectious Waste Incinerators (HMIWI) in the State. Ohio 
prepared a plan based on Clean Air Act (CAA) sections 111(d) and 129 
for existing hospital, medical and infectious waste incinerators and 
asked that it be reviewed and approved as 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. We are approving, with some exceptions, 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. 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. EPA proposed approval in the Federal Register on 
January 10, 2007, and received no comments on the proposal. We are 
approving the Ohio plan, with several noted exceptions, because it 
meets the requirements of the EPA emission guideline affecting hospital 
incinerators.

DATES: This final rule is effective on August 6, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2006-0560. All documents in the docket are listed on 
the http://www.regulations.gov Web site. Although listed in the index, some 

information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through 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 
Federal 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), Environmental 
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, 
Illinois 60604, (312) 886-6084, paskevicz.john@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA. This supplementary information 
section is arranged as follows:

I. What action is being taken by EPA?
II. The HMIWI State Plan Requirement
III. What does the Ohio plan contain?
IV. Is my HMIWI subject to these regulations?
V. Why is the Ohio HMIWI plan approvable?
VI. Statutory and Executive Order Reviews

I. What action is being taken by EPA?

    We are approving selected portions of the Ohio plan to control the 
air emissions from HMIWI units in the State. Our approval is based on 
EPA's review of the Ohio plan compared to the EPA Emission Guideline 
(EG) document dated September 15, 1997, 40 CFR part 60, subpart Ce 
(Emission Guidelines and Compliance Times for HMIWIs, see 62 FR 48348-
48391). As noted in our proposed rule approval, (72 FR 1197, dated 
January 10, 2007) we are not taking action 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 these pollutants 
and the emission limits noted in the State rule for these pollutants 
are not part of the EPA emission guideline document. EPA

[[Page 36606]]

approves all other items requested in the Ohio letter of October 18, 
2005.

II. The HMIWI State Plan Requirement

    A HMIWI plan is a plan to control air pollutant emissions from 
existing incinerators which burn hospital waste or medical or 
infectious waste.
    States were required under section 111(d) and 129 of the CAA to 
submit State plans to control emissions from existing HMIWI units. The 
requirement for a State plan was triggered when EPA published the EG 
for HMIWI under 40 CFR part 60, subpart Ce (62 FR 48348, September 15, 
1997). The State plan is required to reduce several types of air 
pollutants associated with waste incineration.
    The State plan includes control requirements which will reduce 
emissions of criteria pollutants including: particulate matter, sulfur 
dioxide, carbon monoxide, and nitrogen oxides. The approved plan will 
also control the emissions of toxic pollutants including: hydrogen 
chloride, lead, cadmium, mercury, and dioxin/furans. All of these 
pollutants cause adverse effects to public health and the environment. 
Dioxin, lead, and mercury bio-accumulate through the food chain. 
Serious developmental and adult effects in humans, primarily damage to 
the nervous system, have been associated with exposures to mercury. 
Exposure to dioxin and furans can cause skin disorders, cancer, and 
reproductive effects such as endometriosis. Dioxin and furans can also 
affect the immune system. Acid gases affect the respiratory tract, as 
well as contribute to the acid rain that damages lakes and harms 
agriculture and forests and man-made structures. Particulate matter has 
been linked with adverse health effects, including aggravation of 
existing respiratory and cardiovascular disease and increased risk of 
premature death. Nitrogen oxide emissions contribute to the formation 
of acid rain and ground level ozone, which is associated with a number 
of adverse health and environmental effects.

III. What does the Ohio plan contain?

    The Ohio Plan contains:
    1. A demonstration of the State's legal authority to implement the 
section 111(d)/129 State Plan;
    2. State rule, known as OAC 3745-75, as the enforceable mechanism;
    3. An inventory of known active and exempt facilities, along with 
estimates of their potential air emissions;
    4. Emission limits that are as protective as the EG;
    5. A compliance date accomplished under the Federal Plan;
    6. Testing, monitoring, reporting and recordkeeping requirements 
for the designated facilities;
    7. Records from the public hearing on the State Plan; and,
    8. Provisions for progress reports to EPA.

IV. Is my HMIWI subject to these regulations?

    If your HMIWI as defined by Ohio is presently in operation and you 
rely on it to get rid of your hospital, medical and infectious waste 
and it was built on or before June 20, 1996, then it is subject to the 
State's regulation.

V. Why is the Ohio HMIWI plan approvable?

    We compared the Ohio rules to the EPA's EG for HMIWI and found the 
Ohio rules matching very closely with the EPA EG with one exception. 
The exception is the Ohio rules also cover additional toxic pollutants 
including arsenic, beryllium, chromium, and nickel. These additional 
toxic pollutants are not part of the HMIWI EG and EPA is not including 
these pollutants in today's approved rule.

VI. Statutory and Executive Order Reviews

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget.

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

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or a ``significant regulatory 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).

Regulatory Flexibility Act

    This action merely approves state law as meeting federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Accordingly, the Administrator certifies that 
this 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 approves pre-existing requirements under state 
law and does not impose any additional enforceable duty beyond that 
required by state law, it does not contain any unfunded mandate or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).

Executive Order 13175: Consultation and Coordination with Indian Tribal 
Governments

    This 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 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 approves a state rule implementing a 
federal standard, and does not alter the relationship or the 
distribution of power and responsibilities established in the CAA.

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

    This 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.

National Technology Transfer Advancement Act

    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the CAA. In this 
context, in the absence of a prior existing requirement for the state 
to use voluntary consensus standards (VCS), EPA has no authority to 
disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the CAA. Thus, the requirements of section 
12(d) of the National

[[Page 36607]]

Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do 
not apply.

Paperwork Reduction Act

    This 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.).

Congressional Review Act

    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 Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    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 September 4, 2007. 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 in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Waste treatment and disposal, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: June 25, 2007.
Bharat Mathur,
Acting Regional Administrator, Region 5.

0
For the reasons stated in the preamble, part 62, chapter I, of title 40 
of the Code of Federal Regulations is amended as follows:

PART 62--[AMENDED]

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart KK--Ohio

0
2. Subpart KK is amended by adding an undesignated center heading and 
Sec.  62.8880 to read as follows:
* * * * *

Emissions From Hospital, Medical, and Infectious Waste Incinerators 
(HMIWI)


Sec.  62.8880  Identification of plan.

    (a) Identification of plan. Ohio rules to Control Emissions from 
Hospital, Medical, and Infectious Waste Incinerators (HMIWI), submitted 
by the Ohio EPA on October 18, 2005. Rules 3745-75-01, 3745-75-02, 
3745-75-03, 3745-75-04, 3745-75-05, and 3745-75-06 of the Ohio 
Administrative Code, effective in the state March 23, 2004, with the 
exception of rules 3745-75-02(I)(1), 3745-75-02(I)(2), 3745-75-
02(I)(4), and 3745-75-02(I)(7).
    (b) Identification of sources. The plan applies to existing 
hospital/medical/infectious waste incinerators for which construction, 
reconstruction, or modification was commenced on or before June 20, 
1996, as described in 40 CFR part 60, subpart Ce.
    (c) Effective date. The effective date of the plan is August 6, 
2007.

[FR Doc. E7-13002 Filed 7-3-07; 8:45 am]

BILLING CODE 6560-50-P
