Rule2024-16952
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
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 2, 2024
Effective
September 3, 2024
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 149 (Friday, August 2, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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: <a href="/cdn-cgi/l/email-protection#4a2225263e38253a642838332b240a2f3a2b642d253c"><span class="__cf_email__" data-cfemail="9cf4f3f0e8eef3ecb2feeee5fdf2dcf9ecfdb2fbf3ea">[email protected]</span></a>.
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
(NO<INF>X</INF>), particulate matter (PM), dioxins/furans, and sulfur
dioxide (SO<INF>2</INF>). 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:
<bullet> 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);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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
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