[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Rules and Regulations]
[Pages 36821-36823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16080]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2018-0112; FRL-9997-29-Region 5]


Air Plan Approval; Ohio; Removal of Obsolete Infectious Waste 
Incinerator Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a 
request submitted by the Ohio Environmental

[[Page 36822]]

Protection Agency (Ohio EPA) on January 24, 2018, to revise the Ohio 
State Implementation Plan (SIP) under the Clean Air Act (CAA). Ohio EPA 
is requesting to remove provisions under Ohio Administrative Code (OAC) 
Chapter 3745-75, that were approved into the Ohio SIP as part of Ohio's 
Hospital/Medical/Infectious Waste Incinerator (HMIWI) State plan under 
sections 110(d) and 129 of the CAA. EPA proposed to approve the State's 
submittal on April 12, 2019.

DATES: This final rule is effective on August 29, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2018-0112. All documents in the docket are listed in 
the http://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., Confidential Business 
Information 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 through 
http://www.regulations.gov, or please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT:  Francisco J. Acevedo, Mobile Source 
Program Manager, Control Strategies Section, Air Programs Branch (AR 
18J), Environmental Protection Agency, Region 5, 77 West Jackson 
Boulevard, Chicago, Illinois 60604, (312) 886-6061, 
acevedo.francisco@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'', 
``us'' or ``our'' is used, we mean EPA.

I. What is being addressed by this document?

    On September 15, 1997, EPA published emission guidelines for HMIWI 
under 40 CFR part 60, subpart Ce (62 FR 48348). The emission guidelines 
applied to existing sources only, for which construction commenced on 
or before June 20, 1996. States were required under sections 111(d) and 
129 of the CAA to submit state plans to control emissions from existing 
HMIWI units. New sources constructed after this date are covered by a 
Federal new source performance standard.
    On October 18, 2005, Ohio EPA submitted the CAA section 111(d)/129 
State plan for implementing 40 CFR part 60, subpart Ce ``Emission 
Guidelines for Existing Hospital/Medical/Infectious Waste 
Incinerators.'' The State plan was subsequently approved by EPA on July 
5, 2007 (72 FR 36605) and became effective under 40 CFR 62.8880 on 
August 6, 2007. As part of Ohio's HMIWI State plan, OAC Chapter 3745-
75, ``Infectious Waste Incinerator Limitations,'' was amended, 
submitted, and approved as part of Ohio's SIP (72 FR 36605). 
Subsequently, on October 6, 2009 (74 FR 51367), and April 4, 2011 (76 
FR 18407), EPA promulgated final revised emission guidelines and 
amendments under 40 CFR part 60, subpart Ce, and on May 13, 2013, EPA 
promulgated a final revised 40 CFR part 62, subpart HHH, Federal Plan 
(78 FR 28052).
    On January 24, 2018, Ohio EPA submitted a request to approve the 
removal of all OAC Chapter 3745-75 provisions from the Ohio SIP, 
relying instead on the Federal Plan. Ohio EPA conducted a public 
hearing on this matter in Columbus, Ohio on December 7, 2017.
    On April 12, 2019, at 84 FR 14901, EPA proposed to approve the 
removal of all OAC Chapter 3745-75 provisions from the Ohio SIP.

II. What comments did we receive on the proposed SIP revision?

    Our April 12, 2019 proposed rule provided a 30-day review and 
comment period. The comment period closed on May 13, 2019. EPA received 
one comment during the public comment period. The comment supported 
EPA's proposed action to allow the removal of Infectious Waste 
Incinerator provisions from the Ohio SIP.

III. What action is EPA taking?

    EPA is approving the revision to the Ohio SIP submitted by the Ohio 
EPA on January 24, 2018, because the removal of existing infectious 
waste incinerator requirements in OAC Chapter 3745-75 from the SIP 
meets all applicable requirements and would not interfere with 
reasonable further progress or attainment of any of the national 
ambient air quality standards.

IV. Incorporation by Reference

    In this document, EPA amends regulatory text that includes 
incorporation by reference. As described in the amendments to 40 CFR 
part 52 set forth below, EPA is removing provisions of the EPA-Approved 
Ohio Regulations from the Ohio SIP, which is incorporated by reference 
in accordance with the requirements of 1 CFR part 51. EPA has made, and 
will continue to make the SIP generally available through 
www.regulations.gov and at the EPA Region 5 Office (please contact the 
person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

V. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. 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 SIP approvals are exempted under 
Executive Order 12866;
     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);
     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).

[[Page 36823]]

    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where 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).
    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 action 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 30, 2019. 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 52

    Environmental protection, Air pollution control, Nitrogen oxides, 
Ozone, Volatile organic compounds.

    Dated: July 17, 2019.
Cathy Stepp,
Regional Administrator, Region 5
    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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


Sec.  52.1870  [Amended]

0
2. In Sec.  52.1870, the table in paragraph (c) is amended by removing 
the heading ``Chapter 3745-75 Infectious Waste Incinerator 
Limitations'' and the entries for 3745-75-01 through 3745-75-06.

[FR Doc. 2019-16080 Filed 7-29-19; 8:45 am]
 BILLING CODE 6560-50-P


